Saturday 25 February 2017

Man claims he was 'struck several times and grabbed by the throat' during arrest

Tim Healy

Fergal ORourke pictured leaving Dublin High Court Pic Collins Courts
Fergal ORourke pictured leaving Dublin High Court Pic Collins Courts

A MAN has claimed in the High Court a woman garda struck him several times while he was handcuffed and on the ground following his arrest.

Fergal O Rourke (62) also claims that another garda struck him several times and grabbed him by the throat during the course of his arrest shortly before 9pm at Ballymore, Co Westmeath, on July 12, 2009.

Arising out of the incident, Mr O 'Rourke, from  Mullaghcloe, Ballymore, has brought an action seeking damages against the State, the Garda Commissioner and two gardai, for assault and battery.

Mr O'Rourke, who said he had two drinks in a pub on the date in question, claims he required treatment in hospital following the incident due to the injuries he sustained.  He says he has "a lame leg"  and the incident has left him feeling nervous.

The claims are denied.

The defendants say Mr O'Rourke was arrested after the jeep he was driving performed a u-turn at a garda checkpoint in Ballymore. He then went down a laneway, and left his vehicle before being apprehended by the gardai,  it is alleged.

They also say the gardai had to use a baton to defend themselves after Mr O'Rourke resisted arrest and kicked one officer.

The case before a jury and Mr Justice Colm MacEochaidh continues.

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