A Dublin man has claimed before the High Court that his arm was broken and he was struck on the back of the head when he was stopped and detained by armed members of the Garda Emergency Response Unit on his return from Northern Ireland where he had purchased a quantity of fireworks.
Joseph Maher (31) Landen Road, Ballyfermot, Dublin is taking an action for damages against the Minister for Justice, Ireland and the State arising from an incident on the M50 motorway on October 7th 2002.
He claims members of the Gardai had, during the course of their employment, wrongfully and intentionally committed an assault and battery upon him which caused him to suffer serious personal injuries.
The defendants deny the claims.
Mr Justice John Quirke was told today that Maher, an unemployed father of one and a recovering heroin user, had borrowed a car to go to Northern Ireland on October 7 th, 2002, where he intended to buy fireworks which are not legal here but were in the North.
Mr Maher claims that, while on the M50, the car he was driving was driven off the road by an unmarked Garda vehicle. He alleges that armed Gardai ordered him from his car and told him to put his hands in the air.
Mr Maher said he complied. However, he claims, a gun was put to his head by one member of the Garda unit and that, while his hands were in the air, he was struck twice on the back of the head with a weapon.
He claims he then put his hands to his head but was again struck on the arm and fell to the ground. While on the ground, he alleges a Garda held his face down on the ground with his foot and that he was then handcuffed.
While this was happening, an ambulance arrived on the scene drove away after a Garda said something to the crew, Mr Maher also claims.
He was then taken to Blancharstown Garda station, where a doctor who was called, advised that he be taken to hospital. Mr Maher claims that he suffered a laceration to his head, which required stitching and his right arm was fractured. He required surgery and had to have a plate inserted.
Mr Maher has denied claims by the defendants that a baseball bat with nails was found in the vehicle was driving at the time. He said the owner kept a table leg with bolts in the vehicle but he was unaware of the table leg's presence at the time.
The defendants claim that, after a controlled stop, Mr Maher got out of his vehicle and tried to depart the scene. They further claim that Mr Maher was intercepted and sustained a minor cut to his head in the course of resisting lawful arrest by a Garda who used no more force than was reasonable in the circumstances.