Case of man who claimed he had shoulder broken by riot police on Halloween settled at High Court

High Court Reporter

A case taken by a man who claimed he was beaten by gardaí in riot gear on Halloween night while he was cycling to investigate a fire near his partner's home has been settled at the High Court.

This week, a jury was sworn in for the case of plaintiff Gerard McCarthy, who alleged that gardaí broke his shoulder on Halloween night almost 17 years ago.

Mr McCarthy (55) from Abbotstown Avenue in Finglas, Dublin 11, sued 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 31st and November 1st, 2008.

Mr Justice Alexander Owens was told on Thursday by James McGowan SC, for Mr McCarthy, that the case had been settled, which was confirmed by Richard Lyons SC, for the defendants.

Mr McCarthy was 38 at the time of the alleged assault and submitted to the court that 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 onto what used to be the O'Devaney Gardens flat complex.

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

He claimed 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 submitted to the court that he became concerned after smoke had billowed into the apartment through a rear extension.

Mr McCarthy claimed 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 claimed 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 his legs while still on his bike, in an attack that took between five and ten seconds.

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 claimed that his X-ray revealed a broken shoulder close to the collarbone. He said he was numb "all over" with the pain and still in "shock".

Mr Justice Owens struck out the case, which was expected to last up to four days, with no trial costs awarded and no costs to be imposed on the plaintiff.