Garda denies being ‘foul-mouthed’ ahead of alleged assault

Garda Oliver Cully, who is suing State, claims he was rugby tackled by other gardaí in 2004

A Garda has told the High Court he was "devastated" when he was charged with offences including drunkenness and breach of the peace after being arrested having queried a taxi fare after a night out.

Garda Oliver Cully, who has more than 30 years service and works on protection duty at Áras an Uachtaráin, said he was later acquitted of all charges in the District Court.

“If convicted it was inevitable I would lose my job. It devastated me,” he told the court. “It took me over completely. I have suffered. It took a year before it came to court. It was maximum pressure for me. I fought it to the last. I felt there was a good chance the gardai would be believed. I felt it would finish me.”

In his High Court civil action before Mr Justice Colm MacEochaidh and a jury, Garda Cully has sued the State alleging assault, unlawful arrest, false imprisonment and malicious prosecution as a result of the incident over the taxi fare in the early hours of April 24th 2004. He also claims he was subjected to emotional suffering.

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The State defendants deny all the claims and plead Garda Cully was lawfully arrested and everything was done properly and within the law.

The jury was previously told Garda Cully had hailed a taxi after being at a night club in Dublin city.

Overcharged

When told it would be €35 for the journey to his home in Lucan, he said he would pay what was on the meter and thought he was being overcharged. He said the taxi driver then drove to two gardaí standing nearby.

Garda Cully alleges he was told to get out of the taxi by a garda and, when he later went to walk away, was rugby tackled to the ground by other gardaí, handcuffed and arrested.

On the second day of the case on Thursday, Garda Cully said he was out of work for a year after the alleged incident and found it difficult to be as good a father as he had been.

“I was consumed by this. I had a huge desire to right what was wrong,” he said.

Asked by his counsel Martin Giblin SC what it was like going from being an “insider” to an “outsider” in the Garda, he said it was very different, particularly in relation to the Garda authorities.  He wanted to be “vindicated”, he said.

Under cross-examination by Hugh Hartnett SC, for the State, counsel put to Garda Cully that a number of gardaí will say he was heavily intoxicated, aggressive and foul-mouthed on the night.

Garda Cully said he was not intoxicated, he would have an issue with what gardaí were saying and they were wrong. He said he “rebuked” a couple of gardaí who were abusive to him and that was why he was arrested. He had said he would report them and the taxi man, he added.

The case continues.