A HIGH COURT action for damages by three people who claimed they were beaten in a Garda station was settled yesterday on undisclosed terms. The settlement came as the trial was due to go into its fourth day with evidence from a doctor on behalf of the three.
The case arose out of an incident outside a fast-food restaurant on O'Connell Street, Dublin, on February 12th, 2001, when the three ended up under arrest in Pearse Street Garda station. They were charged with public order offences later dismissed because of delay and because a CCTV tape from the garda station had gone missing. That tape was later found.
Henry Fleming (33), an accountant from Ratoath in Co Meath, his wife Ruth Mangan (31) and her brother William Mangan (27), Glenties Park, Finglas, had sued the Garda Commissioner and the State for damages for wrongful arrest, assault and malicious prosecution. Mr Mangan, a mechanical engineer, claimed he was beaten against a door on the way into the station and beaten again in a cell with part of a broom handle with such force it broke on his head.
Ms Mangan, a nursery nurse, claimed a female garda stamped on her bare foot while trying to make her remove her skirt in the station. Mr Fleming claimed he was punched in the face and head by Garda William O'Dwyer after being dragged by him into a corridor. The State denied the claims and pleaded that, if the three were injured, it was due to their aggressive behaviour on the night. The State claimed Mr Mangan kicked Garda Richard Hynes in the groin in O'Connell Street, that Mr Fleming attacked Garda O'Dwyer in a a rear garage area at the station and Ms Mangan bit the officer as he tried to arrest Mr Fleming.
Yesterday, John O'Donnell SC, for the three, told Mr Justice Eamon de Valera that each of the three cases had been settled on terms which were confidential.
During the trial, the court heard the three people had been out earlier that night with friends in a pub. They, and two others, left at about midnight to get taxis home, but decided to go into Burger King on O'Connell Street for something to eat. While there, Garda Hynes and Garda O'Dwyer arrived to order food to bring back to their station for their break.
A security guard spoke to the gardaí who would claim Mr Fleming was making lewd remarks about doughnuts he had just bought with reference to women's genitalia, the court was told. All three denied this and said Mr Fleming had been making a joke about the size of the "10 for a pound" doughnuts compared to their size on ads in the restaurant.
They were asked to leave by the gardaí, which they did, but outside, it was claimed, Garda O'Dwyer told Mr Fleming to "f**k off or he would kick my head in". It was claimed Mr Mangan's girlfriend tried to intervene, was allegedly pushed to the ground, that Mr Mangan tried to pick her up, was arrested and put in a Garda van.