A JUDGE said he was “appalled” at the way in which a Limerick man was arrested. He was referring to footage he had viewed from a CCTV camera of the man being grabbed by a garda and dragged on to the bonnet of a car. Judge Eugene O’Kelly referred to the Rodney King case as he chastised the garda for the apprehension, which the arrested man claims resulted in his arm being broken. Gary Daly(21) of Shannonvale on the Old Cratloe Road was before the Limerick District Court on a public order charge which he denied.
But after his solicitor produced CCTV footage of Mr Daly being arrested and having heard the garda being cross-examined by Mr Daly’s solicitor, Jerry Twomey, the Judge acquitted the accused man.
The court heard that two gardai were called to a city centre pub on August 28 last where they found four men, “in an intoxicated state,” trying to get into the pub, a Garda witness said. He added that he and his colleague told the four to leave the area, but, despite repeated warnings, two did not leave.
He told the court that he and his colleague were arresting one of the men when the other – Mr Daly – began filming the arrest on his mobile phone.
The second garda to give evidence – who cannot be named for legal reasons – said he arrested Mr Daly “because he was clearly intoxicated and agitated and he was told numerous times to leave the area and wouldn’t”.
Mr Twomey put it to the witness that he had not interacted with Mr Daly sufficiently to judge.
Referring to the CCTV footage, Mr Twomey put it to the witness that within a period of 100 seconds, “you pushed, slapped or dragged people on nine occasions”.
Mr Twomey said it was his client’s claim that his arm was broken in the course of the arrest.
The witness said he did not accept the solicitor’s suggestion that he was “the most agitated person there” or that Mr Daly’s arm was broken as a result.
The Defence produced a statement signed by the Duty Sergeant on the night of Mr Daly’s arrest, stating that he was released after 30 minutes in the garda station “sober.” The Sergeant also said Mr Daly was not injured at that time.
A complaint has been made to the Garda Ombudsman, the court heard.
Having heard the evidence, Judge O’Kelly said he was “very disturbed” by the CCTV footage.
“It is extraordinarily ironic in the week that Rodney King died that this case should come to court…the footage clearly shows that this man was standing very steady, recording the arrest of a third party on his mobile phone, which is not an offence.
“When the garda observes this, he makes a lunge and drags him over the bonnet of a car. I am appalled at this video footage”.
