Retired garda inspector cannot deny possibility he injured teacher in altercation, court hears

High Court Reporter

A retired garda inspector who purportedly restrained a young teacher has said he cannot deny injuring her by lifting her arm too far up her back because he has no recollection of the incident, the High Court has heard.

Brendan Moore, who was on duty when Denise Callinan was arrested and conveyed to Millstreet Garda station in Galway on October 19th, 2019, on Friday, told a jury that if he did place his hands on Callinan, he expected the action would have been “low key” and “at the bottom of the scale in relation to use of force”.

Callinan (28), from Manorhamilton, Co Leitrim, claims her arm was twisted and broken by a male garda in an incident at the station, and is seeking damages to compensate for the alleged injuries.

Callinan – whose civil action against the Garda Commissioner opened before Judge Tony O’Connor and a jury this week – was brought to the station after being detained close to Eyre Square following an altercation with her brother.

At Friday’s hearing, Moore, who was a sergeant at the time of the incident, said he had no recollection of interacting with Callinan in the station's custody suite.

Led by David McGrath, barrister for the Garda Commissioner, Moore said he remembered hearing shouting from the custody area of the station on the night in question.

On arriving at the door to the custody area, he said he had a vague recollection of seeing a “distressed female” and several gardaí.

Put to him by McGrath that two of his colleagues said in evidence that he “restrained” Callinan in the custody suite, Moore said he had no recollection of entering the room.

Cross-examined by Seamus Breen, barrister for Callinan, Moore said he accepted he restrained Callinan, on account of his colleagues’ evidence.

He said he was not in a position to deny Callinan’s version of events in the station – but said he would dispute it, citing training that was “ingrained” in him.

Moore said he spent 17 years of his time in the force as a use of force instructor, training gardaí in restraint and public order techniques.

Stressing that he had no recollection of the incident, Moore said he would expect that had he put a hand on Callinan, the action would have been “at the bottom of the scale in relation to use of force”.

He noted that Callinan was in custody, and while she was upset and emotional, she was controlled. Given the situation, there was no need to overpower Callinan to such an extent to cause injury, he said.

He agreed with Breen that everyone made mistakes. Put to him that he was not in a position to deny that he accidentally lifted Callinan’s arm too far up, Moore said he had no recollection, so he couldn’t deny it.

Stg Maire McGrath told David Boughton, barrister for the Commissioner, that she recalled seeing Moore come from behind Callinan and restrain “her hands” in the custody area.

Asked if she could recall Callinan’s arm being twisted and lifted up behind her, McGrath said she didn’t recall “anything of that nature”.

McGrath agreed with Breen that she could not see the precise nature of the grip Moore had on Callinan, as her view was obscured by Moore’s body.

The trial continues.