Man claims gardaí in riot gear beat him and broke his shoulder

High Court reporters

A jury has been sworn in at the High Court for the case of a Dublin man who alleges that gardaí in riot gear beat him and broke his shoulder on Halloween night almost 17 years ago as he was cycling to investigate a fire next to his partner's home.

Gerard McCarthy (55), from Abbotstown Avenue in Finglas, Dublin 11, is suing the commissioner of An Garda Síochána, the Minister for Justice, Ireland and the Attorney General, claiming that he was falsely imprisoned and assaulted by gardaí on Halloween, October 31 and November 1, 2008.

The defendants deny the claims and on Tuesday at the High Court a jury of six men and six women was sworn in to hear the case in front of Mr Justice Alexander Owens.

Mr McCarthy was 38 at the time of the alleged assault and has submitted to the court he was with his partner in her home on Findlater Street, near O'Devaney Gardens, in north inner city Dublin, on the night.

Findlater Street backs on to what used to be the O'Devaney Gardens flat complex.

Mr McCarthy submits that on October 31st, 2008, two separate fires broke out on the other side of his partner's back wall at the apartment complex.

The plaintiff claims that the first fire happened at around midday while the second fire began after dark in a large steel container close to the back of the Findlater premises.

He became concerned, he said, after smoke had billowed into the apartment through a rear extension. There was an electric shower in the extension and he was concerned it would catch fire, he said.

Mr McCarthy claims he cycled out to investigate and noticed gardaí in plain clothes nearby before he separately encountered gardaí in riot gear at the edge of O'Devaney Gardens. He said they charged him as he tried to turn his bicycle away.

The plaintiff claims he heard the words "charge" from the riot gardaí, who numbered between 10 and 12. He said he was struck on both shoulders, his back and then legs while still on his bike in an attack that took between five and ten seconds.

Mr McCarthy said he believes up to five riot police with shields and helmets struck him with their batons.

After the alleged assault, Mr McCarthy attended the Mater Hospital that night but was anxious and dizzy and returned in the morning to have an X-Ray.

Mr McCarthy claims that his X-Ray revealed a broken shoulder close to the collar bone. He said he was numb "all over" with the pain and still in "shock".

The case continues on Thursday before Mr Justice Owens and is expected to last up to four days.