A man who claimed that he was punched and choked until he became unconscious' by a garda after being arrested has failed to secure damages at a civil court in Waterford yesterday.
Stephen Duigenan (29), Roselawn, Ballyroe, Tralee, Co Kerry, alleged he was assaulted by gardaí in Waterford Garda station on July 5th, 2002, after he was arrested for public order offences.
However, Judge Olive Buttimer ruled yesterday that Mr Duigenan, who has a previous conviction for assault, made the complaints because he felt "aggrieved".
Judge Buttimer made no order for costs yesterday.
She said: "The gardaí are entitled to arrest a person and not be abused. It was his own fault."
He had been questioned by gardaí from the drug unit on the night previous to his arrest, it emerged.
Mr Duigenan said: "A garda at the station came behind me and put me in a choke hold. They asked me my name but I couldn't answer because I couldn't get a breath. The garda behind the counter was laughing I passed out and when I came too later, all I could see was a foot.
"I was still handcuffed and I heard the words: 'You're not so tough now, are you, boy?'"
Mr Duigenan, a doorman, claimed he was also punched in the face.
Arresting gardaí testified they had no knowledge of such events.
Mr Duigenan, in his civil action against the Garda Síochána, maintained that gardaí were in breach of their duty on July 5th, 2002.
He told the court he received two chipped teeth, inflammation to his wrists and knee and abrasions to his face and shoulder.
Duigenan also claimed that he was told to produce his licence and insurance at the station the next day, where he lodged his complaint. However, in his evidence Garda Jim Felle denied this. The court was told that Mr Duigenan was out drinking with friends and stopped to urinate at Parnell Street at 3am. Garda Fergal Ging saw this and asked him if he could "not find a better place" to relieve himself.
Garda Caroline Sheridan put her hand on Mr Duigenan's arm and told him to leave the area, but he pulled his arm away. She arrested him and he resisted.
According to Garda Ging, the plaintiff's injuries were received as the arrest was consistent with "grown men playing rugby on concrete".