Monday 5 December 2016

Victim of excessive force during arrest gets €52,000

Tim Healy

Published 27/05/2011 | 05:00

A MAN who claimed a number of gardai "beat the crap" out of him was awarded €52,400 in damages by a High Court jury yesterday.

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By a majority of nine to three, the jury found excessive force was used on Michael Turner (40), a fitter and driver from Ballyogan Wood, Carrickmines, Dublin, following his arrest outside a nightclub in Dun Laoghaire, Co Dublin, in August 2002.

Mr Turner brought the action against the Garda Commissioner and Minister for Justice for assault, battery, false imprisonment and malicious prosecution. The claims were denied.

His counsel, Mark De Blacam, told the court Mr Turner was on a night out on August 9/10, 2002.

He met a friend and they went to a bar where he had five or six pints and a cocktail before they went to Nemo's nightclub until around 1.30am or 2am.

As he was standing at the doorway of the club, he was accosted by a bouncer who told him to "f**king leave".

He was grabbed by the throat and pushed against a wall.

A garda van arrived and Mr Turner was handcuffed, lifted by the hands and legs and thrown into the van, counsel said.

On arrival at Dun Laoghaire garda station, he was dragged from the van, and kicked and punched with one garda leaning on his back, counsel said.

He was dragged into the station and, when he asked for a doctor, was told "you are getting f**king nothing", counsel said

He had a laceration to his head and was bleeding profusely. He was later brought to St Michael's Hospital where he received a number of stitches.

It was alleged that at least one garda used a baton.

Mr Turner was later charged with a number of public order offences but all were dismissed.

Under cross examination, Mr Turner accepted he resisted arrest but said it was because he hadn't done anything.

Garda evidence was that he was kicking and lashing out before being brought into the garda station.

They claimed he had tumbled to the ground when he was being taken into the station and at that time it was observed there was a cut on his head.

Irish Independent

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