A DUBLIN man who alleged he was assaulted by a garda has challenged a Garda Siochana Complaints Board finding that there had been no breach of discipline by the garda.
In the High Court yesterday, Mr Philip Flood of Saint Joseph's Mansions, Killarney Street, Dublin, claimed in an affidavit he was walking near Portobello Bridge on November 10th, 1992 when Garda Patrick Walsh, accompanied by another garda, asked for his name and address. He gave it to the gardai.
He told Garda Walsh he did not have to say where he was going and the garda appeared to take offence and punched him in the chest. Mr Flood alleged Garda Walsh repeatedly said "are you all right?" while punching him in the chest. Garda Walsh invited Mr Flood to hit him.
Mr Flood said he became very afraid and began to shout to be left alone. He claimed Garda Walsh grabbed him around the neck and slammed his head into the parapet of the bridge. Garda Walsh forced him to his hands and knees and kicked him on the legs and feet. Another man in civilian clothes also kicked him.
He said he was forced to lie on the ground while Garda Walsh handcuffed him. He was brought in a patrol car to Kevin Street Garda station and was later released.
A summons accusing him of threatening or abusive or insulting words or behaviour with intent to provoke a breach of the peace was struck out at a District Court hearing in December, 1993.
He complained to the Garda Siochana Complaints Board and later made a statement to a Garda inspector about the incident. In June 1994 the GCSB's chief executive informed him the board had formed the opinion that no breach of discipline by any garda been disclosed.
His solicitor wrote pointing out that Mr Flood had had no opportunity to address the board. He was refused copies of the before the board on the grounds confidentiality.
Mr Flood claimed the procedures and decisions reached by the GSCB were in breach of its statutory obligations and a denial of natural and constitutional, justice.
Mr Sean D. Hurley, chief executive of the GSCB, said in an affidavit that the 1986 Act which established the board did not specifically provide that a complainant should be notified that the board was about to consider a report into a complaint, or that he/she should be provided with information that the board was about to consider.
It was board's view that the legislation implied it, was not the intent ion of the Oireachtas that a complainant should be provided with the information or be entitled to be heard by the board.
The board also believed there was no entitlement under the Act or requirement of natural justice that a complainant be notified that the board was about to consider a report of an investigation.
Garda Walsh, in an affidavit, said the board decided that as the allegations were of a criminal nature, the matter was referred to the Director of Public Prosecutions who decided that a prosecution was not warranted.
Garda Walsh said the board's actions had been in accordance with the 1986 Act. The orders sought by Mr Flood were unwarranted and if granted would amount to a serious breach of natural and constitutional justice and in effect place Garda Walsh in double jeopardy.
The hearing continues today.