Armed gardaí used a Taser twice on an innocent farmer while searching for an illegal gun in Co Cork, it will be alleged at the High Court on Tuesday.
Thomas Browne (54) states he was “unlawfully assaulted and battered and falsely imprisoned” by members of the Armed Support Unit while he was working in a shed on his farm on December 14th, 2015.
He claims gardaí did not identify themselves and acted with unnecessary force during the raid.
Lawyers for An Garda Síochána say the operation took place but deny any wrongdoing on behalf of Garda members.
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The case, which is due for hearing on Tuesday, has faced lengthy delays due to disputes over disclosure of Garda evidence relating to the operation.
On the day of the raid, Mr Browne, who has no involvement in criminality, was building a new shed with his two teenage sons and an electrician friend, according to court papers.
He was in an existing shed inspecting a fuse board when the doors were pulled open and several people “stormed in with lights and started shouting and roaring”.
The lights made it impossible to identify the group and they did not identify themselves, according to Mr Browne’s statement of claim. He said he feared he was being robbed.
He alleges he was forced to the ground, which was wet with oil and water, before a Taser was fired into his lower back.
Gardaí continued to shout at him before going silent as they searched the shed. Mr Browne said he raised his head to see what was happening and that he was tased again.
“The pain was excruciating,” the court documents read. “The plaintiff was convinced he was going to be murdered at that point.”
At the same time, Mr Browne’s friend was also held on the ground with a gun pointed to his head, according to the claim.
The gardaí questioned the farmer about the shed. Mr Browne said he rented it to “foreigners” and told the gardaí their names. He was then told to get up, and it was only then that he saw the group were wearing Garda uniforms, the claim states.
Mr Browne alleged the gardaí threatened him with 45 hours’ detention and the loss of his farm if he did not fully co-operate.
He was left badly shaken by the incident and suffered various physical and psychological effects, the claim states. The incident also impacted his good name and reputation, he said.
Court documents state gardaí were searching for a firearm used in an aggravated burglary two days earlier, on December 12th, 2015.
Lawyers for the Garda said the unit was justified in using reasonable force as they were searching for a firearm. They denied any negligence or breach of duty and claimed Armed Support Unit members identified themselves as gardaí.
Mr Browne failed to obey the lawful instructions of gardaí and as a result “was restrained with as much force as was reasonably necessary”, the defence said.
It said he was shown a copy of the search warrant and released from custody as soon as gardaí established his identity.
The case is due for hearing before a jury and is expected to last five days.
