A Dublin woman, who sported a black eye, an injured wrist and shoulder, and cut knees following several hours in Garda custody, has been awarded €15,000 damages against the State.
Judge Elizabeth Dunne said in the Circuit Civil Court yesterday she could not understand how the woman could have ended up with all the injuries clearly described by three doctors and so graphically depicted in photographs taken following her release.
"I cannot understand how such injuries were caused through the use of reasonable force by the gardaí for the purpose of restraining the woman," she said.
Judge Dunne said she had no doubt that on June 25th, 1999, Mrs Margaret Ford had been in an "out-of-control" state after having been ejected from a public house where she had believed money had gone missing from her handbag.
She told Mr Pádraig Dwyer, counsel for Mrs Ford, of Claddagh Green, Ballyfermot, that his client's reaction to these events had been extreme.
"It is perfectly appropriate for the gardaí to exercise reasonable force to restrain someone who is acting in a manner which is out of control," Judge Dunne said.
Mrs Ford's own evidence had confirmed she had been trying to re-enter the public house and had been screaming and resisting efforts by Ballyfermot gardaí to get her to go home.
She had tried to prevent them from placing her in the squad car.
Judge Dunne, in a reserved judgment, said Mrs Ford had accepted she had slapped a garda while in Ballyfermot Garda station and had scratched her arms and kicked the door of the cell in which she had been detained.
Judge Dunne said she could understand bruising to Mrs Ford's upper arms occurring due to the use of reasonable force to restrain and arrest her.
"I find it hard to understand how none of the gardaí can account for any of the injuries save for scratches and bruising to her arms," she said.
She found it difficult to understand how at all times the gardaí had treated Mrs Ford as someone who had been "very drunk".
One Garda witness thought she had been still intoxicated on her release several hours following her arrest and one and a half-hours after a Garda doctor had found her not to be.
"Needless to say, I prefer the doctor's evidence on this point. His experience in this area is immense," Judge Dunne said.
"I am of the view that the attitude of various gardaí towards Mrs Ford was coloured from the outset by the impression she was very drunk.
"I am satisfied the plaintiff suffered a number of injuries at the hands of the gardaí. There is no other credible explanation for her injuries.
"I am forced to the conclusion that these injuries were inflicted upon her by the use of excessive force in restraining her," Judge Dunne said.
It had been ironic that the woman described in evidence by a Garda witness as "the most violent and most aggressive woman he had encountered", had required treatment for her in- juries while not one of the gardaí involved had any injuries requiring treatment.