Man (62) alleges he was struck by gardaí during arrest

A man has told a High Court jury a garda struck him several times with "a weapon" while he was handcuffed on the ground following his arrest.

Fergal O’Rourke also said a second 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 12th, 2009.

Mr O’Rourke (62), of Mullaghcloe, Ballymore, is suing the State and the Garda Commissioner for damages over the alleged assault and battery.

Mr O’Rourke, who accepted he had had two drinks in a pub on the date in question, said he required treatment in hospital following the incident due to the injuries he sustained.

He also said he has “a lame leg” following the incident.

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 gardaí, it is alleged.

They also say gardaí had to use a baton to defend themselves after Mr O’Rourke resisted arrest and kicked one garda.

In evidence, Mr O’Rourke said he never intended to kick the garda.

As he was falling in the course of his arrest, his leg “came up” and “accidentally struck” the garda, he said.

Mr O’Rourke said he was then kicked and punched. He said he was placed in handcuffs and one of the gardaí struck him with some sort of “a weapon” while he was handcuffed and on the ground.

He said he was taken to Athlone Garda station in a patrol car and, following his release some hours later, was brought by the gardaí to the A&E unit of a hospital in Ballinasloe.

Intention

Under cross-examination by David Sutton SC, for the defendants, Mr O’Rourke said he had “no intention” of hitting any garda that night.

He agreed he had been trying to escape the gardaí when he was apprehended.

He said he had come to court to tell the truth and reject claims that the gardaí used reasonable force on the night.

He denied counsel’s assertion that the truth about what had happened that evening had to be dragged out of him.

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