Garda Commissioner accepts arrested man acted lawfully

The Garda Commissioner has acknowledged that a man arrested during an incident more than eight years ago had acted lawfully in the protection of his partner and children, the High Court heard.

Owen Fay (29), Berryfield Road, Finglas, Dublin, sued the Commissioner and the State over the incident in which he claimed he was hit with batons and had his bare feet stood on by gardaí outside a house at Lanesborough Square, Finglas, on October 2nd, 2010.

The defendants denied his claims of assault, battery and false imprisonment.

A jury was sworn in to hear the case on Tuesday but, following talks, Patrick McCann SC for the defendants told Mr Justice Michael McGrath the matter had been resolved with an order for taxation of Mr Fay’s costs on an agreed basis.

In a statement, Mr McCann said An Garda Síochána acknowledged Mr Fay was acting lawfully in protection of his partner and children on the date in question.

Mark Harty SC, for Mr Fay, told the jury the fact they had been empanelled had “made a difference” to the parties in coming to a resolution.

The court heard earlier, in the absence of the jury, the case had previously been tried but, following that hearing, it resulted in a hung jury.

The court also heard the incident started when a woman called to the house at Lanesborough Square brandishing a knife.

Mr Fay, in his claim, said he was restraining her when a patrol car arrived and parked outside the house.

Around four gardaí then got out and grabbed Mr Fay by the arm, he claimed.

He said he lay on the ground and was not resisting when he was hit on the arm, hip and leg with batons and one garda stood on his feet which were bare at the time.

He was cuffed and while seated in the patrol car a garda punched him on the right side of the head, he claimed.

He was taken to Finglas Garda Station and released without charge about a half an hour later.

He claimed gardaí used excessive force, that there was a failure of discipline and a failure to investigate his complaint, among other things.

He suffered extensive bruising, shock and trauma, it was claimed. He said he was a week off from his job as an office clerk at the time.

The gardaí denied the claims.