A MAN told a High Court jury yesterday he did not rush at a garda and head butt him in the stomach during a late night incident six years ago.
He claimed the garda drew his baton and struck him twice in an unprovoked attack.
Mr James Sweeney (26) of Plunkett Avenue, Boyle, Co Roscommon, was giving evidence on the second day of an action for damages he and his brother, Mr Padraig Sweeney (23), have brought against Garda Thomas Kiernan, stationed in Boyle, and the State.
They allege the garda assaulted them. The defendants deny the claims.
Mr Sweeney said that following a disco he, his brother and Mr Eamon Regan bought chips and took shelter from the rain in a shopping arcade at Bridge Street, Boyle, on February 19th, 1990.
After the Garda squad car driven by Garda Kiernan had stopped and the garda spoke to three other youths who were whistling on the other side of the road, he had whistled. It was a silly thing to do.
The squad car had driven away, returned and pulled up beside them outside the arcade. When Garda Kiernan got out of the car they told him they were not whistling. He thought the garda was going to produce his notebook and the next thing he knew he was on the ground. The garda had struck him across the head with his baton.
He put his hands up to block a blow and was hit on the wrist. He did not provoke Garda Kiernan.
While he was on the ground his brother Padraig tried to pick him up and was struck across the shoulder by Garda Kiernan who got back into the squad car and left. He had been bleeding from the ear and a doctor was called. He was taken by ambulance to Roscommon and later discharged after treatment. His arm was in a sling for two weeks.
He denied he aggressively approached Garda Kiernan or that he head butted him in the stomach. Mr Sweeney said he did not accept evidence if given by an independent witness that three youths appeared to be "going for Garda Kiernan" who was trying to defend himself. He agreed he was annoyed with Garda Kiernan but did not touch him.
Mr Eamonn Regan (27), from Boyle, said he had been in the arcade area with the Sweeneys. When he saw James fall he left the arcade.
Cross examined by Mr Shane Murphy, counsel for Garda Kiernan, Mr Regan said James had whistled at the squad car.
He had told James to stop because he did not want the gardai coming to them. He said James did not attack Garda Kiernan.
He had left when he saw Garda Kiernan with a baton. "I said, I don't want any of it. I don't want to be hit by a baton and I crossed the road."
Mr Regan agreed he made a statement in the back of a squad car on the day after the incident.
It stated that he sensed there was going to be trouble with the Sweeneys as they were in an aggravated mood. Garda Kiernan had put those words in his mouth.
The hearing continues on Tuesday.