A Sligo man with a history of psychiatric admissions has claimed at the High Court that he was severely assaulted and hosed down in Sligo Garda station after he was taken there drunk from his parents' home.
The gardaí have denied the claims and say the injuries sustained by Mr David Murtagh were caused by his falling down the steps of his parents' house at St John's Terrace, Sligo, while drunk, and from banging his head, arms and feet off a cell door.
Mr Murtagh (35), a separated unemployed father of three, of Union Place, Sligo, has sued the State for damages over the alleged assault on the night of New Year's Day, 1996.
Opening the case, Mr Garret Cooney SC, for Mr Murtagh, said that his client had psychological trouble in 1995 and was on medication. The "hiding" administered by gardaí to Mr Murtagh had worsened that condition.
The jury would be satisfied that Mr Murtagh got a severe beating at the hands of some Sligo gardaí and sustained injuries which still affected him. Mr Murtagh suffered from claustrophobia and had experienced panic attacks when locked in the cell on the night of January 1st/2nd, 1996. He had banged on the door with his hands and feet. The door had opened and he had been severely assaulted by three or four gardaí.
Later, bleeding heavily, he had asked for water and had been hosed down with a fire hose by a garda who had asked: "Have you enough water now?"
He was released at 7 a.m. on January 2nd without charge. As a result of the assault, he lost two teeth, sustained severe bruising and cuts to his face and body, and a lower back injury. These injuries could not have been self-inflicted, counsel said.
After the assault, Mr Murtagh had "never been right". He had tried to inflict harm on himself and had to attend a mental hospital for treatment. He suffered panic attacks and phobias.
In evidence, Mr Murtagh said he had been on medication for about eight or nine years for depression, anxiety and paranoia and had also attended alcohol counselling. He was receiving treatment for depression prior to the incident on January 1st 1996 and saw psychiatrists regularly after 1996.
He had drunk some whiskeys that night while visiting his parents' home. He recalled his wife and children leaving and the gardaí coming in and trying to wake him up. He had not fallen down the steps of his parents' house.
He recalled being in a Garda car and being dragged out of it into the barracks. He felt a bash at the back of his head with something very sharp. He had not taken a "swing" at gardaí. He was put in a tiny cell and couldn't stick it. He was nervous and panicking and did not know why he was there. He banged on the door to get out and thought he was going to have a nervous breakdown. Four or five gardaí came into the cell and he felt thumps and kicks on his back and face and chest. "I thought I was going to die."
This went on for five to 10 minutes. The gardaí left and his mouth was bleeding He could feel a tooth was missing. Another tooth fell out some days later.
The case continues today before Ms Justice Carroll and a jury.
