Off-duty garda ‘aggressive’ and ‘intoxicated’ when arrested

An off-duty garda was "aggressive and highly intoxicated" when arrested in the early hours of the morning in Dublin, the arresting garda has told a High Court jury.

Garda Seán Keogan said gardaí had to use two sets of handcuffs on Garda Oliver Cully who was "shaking, twisting and turning".

“He was resisting us every step of the way,” Garda Keogan said.

He was giving evidence on the sixth day of Garda Cully’s action in which he is claiming damages against the State over alleged assault, unlawful arrest, false imprisonment and malicious prosecution as a result of the incident in the early hours of April 24th, 2004. He has also alleged he was subject to emotional suffering.

Garda Cully has told the jury he was out at a nightclub in Dublin city that night and was arrested in the early hours after querying a €35 taxi fare to his home in Lucan.

The State defendants have denied all the claims, contend Garda Cully was lawfully arrested and everything was done properly and within the law.

In his evidence, Garda Cully said he had told the taxi driver he would pay what was on the meter and he thought he was being overcharged. He said the driver drove towards two gardaí standing nearby.

‘Rugby tackled’

Garda Cully testified 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 garda, handcuffed and arrested.

On Wednesday, when cross-examined by Martin Giblin SC, for Garda Cully, Garda Keogan denied he told Garda Cully to “get out of the f*cking car” after the taxi driver approached gardaí.

“That is not what happened at all. You would never start an incident like that at 3am,” he said. His approach would be that of a pacifist, Garda Keogan added.

He said he wanted to resolve the dispute between the driver and his passenger but, because of Garda Cully’s behaviour, he could not resolve it.

He wanted Garda Cully to get out of the taxi and calm down, he said.

At no stage was Garda Cully rugby tackled to the ground, Garda Keogan said. He had been willing to give Garda Cully a chance to leave the scene if the latter was willing to walk away calmly, he said.

It was only when Garda Cully pushed himself and another garda that he intervened to arrest Garda Cully, Garda Keogan said.

Garda Cully was also shouting, he said.

Garda Keogan also said he was not abusive to Garda Cully. “He was abusive to me; I was not abusive to him,” he said.

As Garda Cully was walking away, he was shouting and aggressive and had called the gardaí “f*cking wankers”, Garda Keogan said. At that stage, he felt it was his duty to arrest Garda Cully and he had to intervene.

The case before Mr Justice Colm Mac Eocaidh and the jury continues on Thursday.