A man who intervened as a "Good Samaritan" in going to help a doorman at a food outlet in central Dublin three years ago was himself assaulted by gardaí and suffered injuries, the High Court heard yesterday.
Mr John Malone is suing the Minister for Justice, Equality and Law Reform; Ireland; and the Attorney General, claiming damages for alleged unlawful arrest, false imprisonment, assault and malicious prosecution.
The defendants deny the claims, and plead that if Mr Malone did suffer the alleged injuries, loss or damage they were caused or contributed to by his own conduct.
Opening the case, Mr Hugh Mohan SC, for Mr Malone, of Coultry Drive, Ballymun, Dublin, said his client and two friends left a bar at 2 a.m. on February 4th, 2000. One of the friends went to buy food in an outlet in O'Connell Street.
Mr Malone saw a dispute between a doorman and another man, who was joined by two others. They were punching and kicking the doorman.
Mr Malone attempted to help the doorman. He managed to pull off one of the men, and tried to drag off a second, whom he pushed to the ground. Mr Malone attempted to hold that man with one leg on either side.
A Garda squad car arrived, and Mr Malone got up from the person he had been "straddling". A garda had his baton drawn and Mr Malone ran in his direction. The garda swung his baton down on Mr Malone. He stumbled, and two gardaí bundled him into the car and struck him with batons.
An ambulance arrived, and Mr Malone's head wound was treated. He was put into a Garda van, and taken to a Garda station. He was let go from the Garda station at about 5 a.m. He had to get four or five stitches for his head injury, and still has a scar.
Mr Mohan said his client was charged with two public order offences as well as obstructing a garda and assaulting a garda. Six court appearances followed, and in June 2001 he got a letter to say the charges were dropped.
Mr Malone, who is a computer supervisor, said he panicked and ran when he saw the garda.
Mr Garrett Cooney SC, for the defence, suggested Mr Malone had deliberately involved himself in the punch-up when he could have walked away from it. Mr Malone said that was correct, but his good intention was to stop somebody else getting a beating.
He agreed that when gardaí came he ran from the scene and bumped shoulders with a garda in his haste to get away. He also agreed the gardaí were entitled to stop him. However, they were not entitled to stop him with a baton across the head.
The hearing continues today.