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A High Court jury has awarded €505,000 in damages to a 62-year-old former League of Ireland player after finding he was assaulted by members of An Garda Síochána.
Michael Sheehan, from Hillquarter, Coosan, Athlone, Co Westmeath, sued the Garda Commissioner, the Minister for Justice and the State, claiming he suffered injuries after he was pepper sprayed and assaulted by Garda members in an incident on the night of June 3rd, 2012.
The defendants fully denied claims gardaí assaulted and falsely imprisoned Mr Sheehan on the night in question or were negligent or in breach of their duty of care towards him.
In his action, Mr Sheehan said he was arrested following an interaction with three gardaí after an alleged public order incident in Irishtown, Athlone.
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The incident occurred while he was making his way home from a pub in Athlone with his son, Alan Sheehan, who is a well-known figure in Irish and English soccer, and his nephew Daragh Quinn, he said.
Mr Sheehan claimed he was arrested and assaulted by a gardaí who, he claimed, used unreasonable force, falsely imprisoned him and acted in a very aggressive manner.
Pepper spray was applied directly into his face from an extremely close range, he alleged. He also claimed he was manhandled, struck on the back of the head and kneed in the back while being brought to the Garda barracks.
The court also heard Mr Sheehan was subsequently acquitted of committing any offence under the Public Order Act by a criminal court.
Represented by Moira Flahive SC and Caroline Latham BL, instructed by Donal McGann of Alastair Purdy & Co Solicitors, Mr Sheehan said he had never come to the attention of gardaí prior to or since the 2012 event.
He suffered injuries to his face, head and back, as well as depression and insomnia, due to the incident, he alleged.
It also affected his relationship with family members and left him unable to deal with his late wife’s cancer, the court heard.
Mr Sheehan, a father and grandfather, previously played football for Athlone Town and other clubs in the League of Ireland. He also played intercounty football for Westmeath.
He had many relatives who served in An Garda Sáochána, including his grandfather, father and a son-in-law, and had almost become a member himself, the court heard.
His son, Alan Sheehan, played soccer professionally in England for many years, including spells at Leeds United, Leicester City, Luton Town and Notts County.
In its defence, the State’s lawyers argued Mr Sheehan was arrested after two others in his company had been observed by gardaí piggybacking in the middle of the street and causing a hazard to traffic.
The State also claimed Mr Sheehan acted aggressively towards gardaí and was pepper sprayed after another person assaulted a garda and matters had got out of hand.
It was claimed that Mr Sheehan asked gardaí: “Don’t you know who I am?” and said: “You better have a good solicitor”.
Its response to the public order incident was reasonable and proportionate, the defendants submitted.
The defendants also said Mr Sheehan had admitted after his arrest that he had consumed five or six pints of beer that night.
Mr Sheehan rejected all of the State’s allegations and said he had only consumed one pint of beer shandy and was only in the pub for a relatively short period on the night.
The case, which ran for several days, was heard by a civil jury of five women and seven men and was presided over by Mr Justice Alexander Owens.
The jury deliberated for just over an hour on Wednesday afternoon before finding gardaí used excessive and unreasonable force in dealing with Mr Sheehan.
It also found he was assaulted in the back of the Garda car and in the yard of Athlone Garda barracks following his arrest.
Mr Sheehan was entitled to damages of €505,000, the jury found. The judge awarded him his legal costs against the State.
Mr Justice Owens thanked the jury for its service and exempted them from having to do any further jury duty for 10 years.
The judge placed a stay on the order in the event of an appeal to the Court of Appeal if €75,000 is immediately paid by the defendants to Mr Sheehan.