TWO brothers yesterday lost their High Court claim for damages against a garda they alleged assaulted them six years ago, when a jury found he did not use unnecessary force.
Mr James Sweeney (26) and Mr Padraig Sweeney (23) of Plunkett Avenue, Boyle, Co Roscommon, had claimed that Garda Thomas Kiernan drew his baton and struck both of them at Bridge Street, Boyle, on February 18th, 1990. They also sued the State.
After an absence of just over three hours, the jury agreed that Garda Kiernan did not use more force than reasonably necessary in executing his duty. As a result, the question of damages did not arise.
During the five-day action the brothers told the court that the garda drew his baton in an unprovoked attack while they were sheltering from the rain in an arcade at about 3 a.m. The defendants denied the claims.
Mr Padraig Sweeney said the garda had struck his brother across the head. He could not believe what was happening. He went over to pick his brother up and felt something across his back. The garda struck him twice.
Mr James Sweeney denied he aggressively approached Garda Kiernan or that he headbutted him in the stomach. He agreed he was annoyed with Garda Kiernan but said he did not touch him.
Garda Kiernan, a member of the force for 23 years, told the court he had been forced to draw his baton when he was vigorously and violently attacked by the brothers. He feared for his safety, feeling completely overpowered by the two youths. He drew his baton and struck both his attackers a number of times.
Garda Kiernan said he never directed a blow of the baton to Mr James Sweeney's head. He accepted that Mr James Sweeney received an injury to the head and that he might have received a glancing blow of the baton to the head during the incident.
The brothers may consider appealing the decision to the Supreme Court.