A High Court case brought by a man who claimed he was assaulted by gardaí in riot gear on Halloween night while cycling to check on a fire near his partner’s residence has now been resolved, reports Breaking News.
Earlier this week, a jury was empanelled for the case of Gerard McCarthy, who alleged that gardaí caused him to suffer a broken shoulder during an incident on Halloween night nearly 17 years ago.
Mr McCarthy (55), a resident of Abbotstown Avenue in Finglas, Dublin 11, initiated legal proceedings against the Garda Commissioner, the Minister for Justice, Ireland, and the Attorney General. He alleged he was wrongfully detained and assaulted by gardaí on October 31st and November 1st, 2008, reports Breaking News.
On Thursday, Mr Justice Alexander Owens was informed by James McGowan SC, representing Mr McCarthy, that the matter had been resolved. This was confirmed by Richard Lyons SC, representing the State parties.
At the time of the alleged incident, Mr McCarthy was 38 and said he was at his partner’s home on Findlater Street, adjacent to O’Devaney Gardens in Dublin’s north inner city, when the events took place, reports Breaking News.
Findlater Street borders the former O’Devaney Gardens flat complex.
According to Mr McCarthy, two separate fires ignited behind his partner’s property on October 31st, 2008.
He said the first blaze occurred around midday, while the second began after nightfall in a large metal container near the back of the Findlater property, reports Breaking News.
Mr McCarthy told the court that he grew concerned when smoke entered the house through a rear extension.
He said he rode his bicycle to investigate and first saw plainclothes officers before later coming across gardaí in riot uniforms at the perimeter of O’Devaney Gardens. As he attempted to cycle away, he said, they charged at him, reports Breaking News.
The plaintiff alleged that he heard the command “charge” from the group of riot gardaí, estimated to be between 10 and 12 in number. He claimed he was struck on both shoulders, on his back, and on his legs while still on his bicycle during an attack lasting between five and ten seconds.
Following the alleged incident, Mr McCarthy attended the Mater Hospital that night but, feeling dizzy and nervous, returned the following morning for an X-ray, reports Breaking News.
Mr McCarthy claimed the X-ray revealed a shoulder fracture near the collarbone. He described feeling numb “all over” due to the pain and said he remained in “shock”.
Mr Justice Owens formally struck out the case, which had been scheduled to run for four days. No trial costs were awarded, and no costs were imposed on Mr McCarthy, reports Breaking News.
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