AN action by a carpenter against the Minister for Justice and the State for alleged assault and battery by gardai was settled in the High Court yesterday.
Mr Peter Mills (30), Coolreagh, Ballymackey, Carrickmacross, Co Monaghan, claimed he was kicked and suffered an injury to his left testicle and had his head beaten off a wall in a Garda station in Carrickmacross on December 23rd 1990.
Before the conclusion of evidence Mr Brian McGovern SC, for Mr Mills, told Mr Justice Geoghegan the action was to be dismissed with an agreed nominal contribution towards his client's costs, with no admission of liability.
Opening the case, Mr McGovern said Mr Mills and another, "man had two pints of Harp in, each of two pubs before going to a third pub where he thought his brother was.
He spoke with his brother through a toilet window. It seemed the pub was locked. The man with Mr Mills pushed in the door. Mr Mills asked for a drink. He was refused and accused of breaking in the door. Mr Mills said he had not broken in the door.
Gardai arrived and said they were arresting Mr Mills for breaking and entering the premises. They dragged Mr Mills on to the street.
One garda kicked him in the groin and he suffered a severe injury to his left testicle.
Mr Mills broke free and ran to a phone booth. Gardai dragged him out and struck him. He was put in a cell and there would be evidence his head was beaten off a wall.
In evidence, Mr Mills said he went to New York on December 27th for his brother's wedding. He felt sore in the groin. He had an operation on January 12th and missed the wedding the following day.
Under cross examination, Mr Mills said he did not become aggressive or abusive. He did not struggle violently or kick a garda on the leg or hit a sergeant in the mouth.