Retired garda settles court case alleging he was assaulted off-duty by other officers during night out

A retired garda who sued after he was assaulted by other officers while off-duty has settled his High Court action.

Former garda Oliver Cully (63), who was stationed in Áras an Uachtaráin and the Bridewell in Dublin, among other places, during his career in the force, sued the Garda Commissioner, the Director of Public Prosecutions and the State over an incident while he was on a night out in Dublin city centre nearly 20 years ago.

He claimed he was assaulted, unlawfully arrested, falsely imprisoned and maliciously prosecuted after he questioned the fare a taxi driver asked him to pay to go to his home in Lucan in the early hours of April 24th, 2004.

He claimed he was rugby tackled to the ground by two uniformed officers as he walked away from the taxi in Camden Street, pushed into the ground and handcuffed. The State denied the claims and contended Garda Cully was lawfully arrested and that everything was done properly and within the law.

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In 2016, Mr Cully was awarded €95,000 by a High Court jury, which unanimously found he was falsely imprisoned and assaulted by gardaí. He appealed certain findings arguing the judge who heard the case had erred on several grounds including by striking out Mr Cully’s claim for malicious prosecution. The State side cross-appealed on certain findings also.

In August 2022, the Court of Appeal directed that a new jury be empanelled to reassess the amount of damages. The appeal court found the trial judge fell into error in withdrawing the issue of malicious prosecution from the jury.

Given he succeeded with his claims of assault and false imprisonment, it followed that he had to succeed in a claim of malicious prosecution, notwithstanding the absence of any evidence of a conspiracy involving any more than those involved in the assault, the Court of Appeal held.

It agreed with the State side that the trial judge also fell into error in ruling that the claim of intentional infliction of emotional suffering should go to the jury. Mr Cully had been awarded damages for assault and false imprisonment and an award for any of those wrongs is intended to compensate for all the adverse consequences arising from there, including distress and hurt, it found.

It directed that a new jury should assess damages for assault and false imprisonment as well as for malicious prosecution. It should further assess aggravated damages and consider if he should receive an award of exemplary damages.

The case returned on Tuesday before a new jury and Mr Justice Alexander Owens who heard an opening address and some evidence from Mr Cully.

Following a break, Declan Doyle SC, with William Reidy BL, returned to tell the judge the matter had been settled. The judge struck out the case with an order for all Mr Cully’s costs and vacating any previous orders in favour of the defendants.

He also discharged the jury and exempted them from service for five years.

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