Garda tells court he was forced to use baton

A GARDA told the High Court yesterday he had been forced to draw his baton when he was attacked during a late night incident …

A GARDA told the High Court yesterday he had been forced to draw his baton when he was attacked during a late night incident in Co Roscommon six years ago.

Garda Thomas Kiernan was giving evidence on the third day of an action being taken against him and the State by two brothers, Mr James Sweeney (26) and Mr Padraig Sweeney (23), of Plunkett Avenue, Boyle, Co Roscommon. The brothers claim the garda drew his baton in an unprovoked attack on them on February 19th, 1990. The defence is denying the claims.

Garda Kiernan told the court, that he was driving a garda squad car in the town with his colleague Garda John Kearns.

When driving down one street, he heard loud whistling and shouting. He recognised James Sweeney who was with two other youths. They were standing at an entrance leading to an arcade. He stopped the car to caution them and drove away.

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When he drove back to the arcade, the youths ducked inside the entrance. He stopped the car and approached them. As he did, Padraig rushed towards him shaking his fist. Garda Kiernan said Padraig warned him that if he came near them he would "have him up the steps" and pointed towards the courthouse. He cautioned the youths again and told them to go home. He said Padraig was very intoxicated.

James rushed at him and head butted him in the stomach and chest. Padraig then dragged and shoved him.

Garda Kiernan said he felt in grave danger. Feeling overpowered by the two youths he drew his baton and struck both his attackers a number of times on the arms and body. Another youth, Mr Eamonn Regan (27), left during the incident.

Garda Kiernan said he decided to retreat back to the squad car and it was at this point that Garda Kearns came to his assistance. They returned to the station where Garda Kiernan made a written report. On Sunday night, he called to the Sweeney home, accompanied by Garda Frank Bohan. Garda Kiernan said both Padraig and James declined to make a statement.

Cross-examined by Mr Denis Vaughan Buckley SC, Garda Kiernan said he never directed a blow of the baton to James's head.