The Garda Síochána Ombudsman Commission (Gsoc) has begun an “examination” of an incident in north Co Dublin when a man being subdued by gardaí during a mental health intervention became unwell and was taken to hospital in critical condition.
The Irish Times understands the incident, which occurred in Balbriggan early on Wednesday, was referred to Gsoc by Garda Headquarters within hours of it taking place.
A number of people were on the scene and witnessed the incident and Gsoc investigators were expected to speak with them as part of their preliminary examination of the case.
The man who was hospitalised was acting in an unruly manner in the early hours of Wednesday at a property in the housing estate in Balbriggan. There were concerns about his behaviour and his mental state, and the emergency services were contacted.
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Gardaí and paramedics were dispatched to the scene but when they arrived their presence appeared to aggravate the man further. It is understood a number of projectiles were thrown by the man and gardaí on the scene moved in to subdue him.
However, as he was being subdued he suffered an acute health episode, believed to be cardiac arrest. He was treated at the scene by paramedics before being taken to Beaumont Hospital, Dublin, where his condition was described as critical but stable.
Gardaí are trying to determine if the man, who is in his 30s and was Covid-19 positive, was under the influence of any intoxicating substances at the time, as suspected, and if that may have contributed to his cardiac problems. However, the level of force used to subdue him was also being examined to determine if it was proportionate.
In reply to queries, the commission confirmed it had “received a referral from An Garda Síochána following an incident in Balbriggan in the early hours” of Wednesday. “As the matter is now under examination by Gsoc, there will be no further comment at this time,” it said.
Gsoc added the referral was made under the Garda Síochána Act, which legally obliges gardaí to refer on any incidents resulting in a member of the public dying or suffering harm while they were dealing with gardaí.
Garda Headquarters said: “Gardaí detained a man in his 30s under the Mental Health Act following an incident in Ballbriggan, in the early hours of Wednesday, November 16th.”
Gsoc is a Garda oversight agency which investigates allegations of wrongdoing made by members of the public against gardaí. It also examines incidents referred to it by the Garda and in some cases those incidents warrant a full investigation. The incident in Balbriggan was currently being “examined” before a decision was made about whether it merited full investigation.
Garda members are allowed to use force, and are trained in a range of techniques, in situations where it is required, including under the Mental Health Act. However, that force must be proportionate for the situation facing them. The level of force used by gardaí will be examined, by Gsoc or the Garda, whenever a suspect suffers injury or death while they were being arrested or otherwise dealt with by gardaí.
