A man’s damages action over an alleged assault on him outside a bar in Limerick city by two off-duty gardaí who travelled from Dublin for a Christmas night out has been withdrawn and struck out at the High Court.
James Morrison’s case was listed for re-trial before a High Court jury on Tuesday after another jury had failed to reach a verdict in his case.
On Tuesday, Ms Justice Leonie Reynolds was told it was being withdrawn and could be struck out.
An application by the two gardaí — David Naughton, with an address in Lucan, Co Dublin, and Wesley Kenny, from Sandyford, Co Dublin — to be indemnified by the Garda Commissioner and State for their legal costs of defending James Morrison’s case will be decided later.
The Commissioner/State oppose that application on grounds including both gardaí previously got an indemnity, by court order, concerning their costs of the 2019 trial of a separate damages action by Luke Morrison, heard jointly with James’s case .
The original trial ran for 14 days in 2019 with legal costs estimated at about €1 million.
In that trial, Luke Morrison, of Bridge Street, Lisburn, Co Antrim, and James Morrison, of Richmond Court, Mount Kenneth, Dock Road, Limerick, claimed damages on grounds including alleged assault.
Luke Morrison claimed he and his brother were walking near the junction of Catherine and Cecil Street in Limerick when the defendant gardaí began to follow them.
He claimed he was assaulted by David Naughton. James Morrison alleged he questioned the defendant gardaí about his brother’s arm being twisted and was himself then grabbed by Wesley Kenny, pulled to the ground and assaulted. Both brothers claimed they suffered facial and other injuries.
Both gardaí denied the claims, pleaded they were aggressively approached by the Morrisons, their wallets were demanded and that Luke Morrison had been seen earlier coming out of his apartment with a knife. Both also pleaded they had identified themselves as gardaí.
Identified themselves
In December 2019, a High Court jury found Luke Morrison was not unlawfully assaulted by either of the off-duty gardaí. They found David Naughton and/or Wesley Kenny first identified themselves as gardaí before, and at, the commencement of a physical altercation at Catherine Street on December 5th 2013 and both gardaí used reasonable force for the purposes of detaining the brothers until Limerick gardaí arrived.
Because the jury was unable to reach a verdict on James Morrison’s separate action, his case was adjourned to the next High Court jury list for retrial.
On Tuesday, the case was withdrawn and struck out. Both gardaí were previously acquitted by Limerick District Court of charges of assault arising from the December 5th 2013 incident. A subsequent disciplinary hearing resulted in no disciplinary action being taken against them.
Both Morrisons brought their High Court cases against the two gardaí as well as the Garda Commissioner and State. All the defendants denied the claims.
Both gardaí were later separately represented by Mark Harty SC, instructed by solicitor Martin Moran, after the Garda Commissioner/State, represented by David McGrath SC, adopted the position they were not liable for alleged actions of off-duty gardaí.
The High Court previously ruled all of the defendants were entitled to their costs of the Luke Morrison case against Luke Morrison. After Mr Harty expressed doubt about recovering costs from Luke Morrison, the court made an order effectively meaning the State pays the gardaí’s costs pending any recovery against Mr Morrison.
A similar costs order is being sought by both gardaí in respect of James Morrison’s case.
