TWO brothers brought a claim for damages in the High Court yesterday against a garda they allege assaulted them in Boyle, Co Roscommon.
Mr James Sweeney (26) and Mr Padraig Sweeney (23), of Plunkett Avenue, Boyle, claim Garda Thomas Kiernan drew his baton and struck both of them at Bridge Street, Boyle, at about 3 a.m. on February 19th, 1990. The action is also against the State. The defence denies the claims.
Mr Peter Charleton SC, for the brothers, told Mr Justice Kinlen and a jury that his clients had walked to town from a disco with another man.
Mr Padraig Sweeney, in evidence, said they bought chips. It began to drizzle and they stood in the arcade. There was a crowd at the chip shop and a bit of shouting and whistling. A Garda car drew up beside three youths across the road. Garda Kiernan got out, spoke to them and pushed one of them.
As the Garda car pulled away there was more whistling and his brother, James, gave a wolf whistle. The Garda car went up the town, returned and drove up to them.
Garda Kiernan asked who was whistling and he (Padraig) replied it was none of them. Garda Kiernan then got out of the car and asked it again.
"I said it was none of us and I could see he was mad. I didn't know what to say, so looked up the top of the town, saw the courthouse and said `I will bring you up those steps if you do anything. I don't want trouble'," Mr Sweeney said.
Garda Kiernan again asked who was whistling and James had replied none of them. The garda drew his baton and struck his brother across the head. His brother fell. "I was stunned. I could not believe what had happened. I went over to pick my brother up and I felt something across my back. He (the garda) hit me twice."
He heard the garda in the car say: "He has had enough, Tom", or words to that effect. The Garda car left.
Cross examined by Mr John Rogers SC, for Garda Kiernan, Mr Sweeney said his brother had not been seeking to provoke anyone by whistling.
Mr Rogers said Mr Sweeney knew he had told a lie when he said none of them had whistled and his way of dealing with it was to say to Garda Kiernan: "I will see you in court". Mr Sweeney said it was the first thing that came into his head and it had been a stupid thing to have said.
Mr Rogers put it to Mr Sweeney that what in fact happened was that Garda Kiernan persisted in asking who whistled and that James lost "the rag", bent his head and ran at the garda. Mr Sweeney said that did not happen. He did not wave his fist at Garda Kiernan but had pointed to the courthouse up the town. He (Padraig) had not "moved in" on Garda Kiernan.
Mr Rogers asked if James went berserk and that he (Padraig) had to restrain him. Mr Sweeney said his brother was "mad and roaring".
Mr Rogers asked: "Does James get a bit aggressive?" Mr Sweeney replied: "Yes. Who doesn't?" He said James had not been aggressive that morning.
The hearing continues today.