A Garda who sued the State after he said he was rugby tackled to the ground when off duty, handcuffed and arrested after querying the price of a taxi home has been awarded €95,000 by a High Court jury.
The jury found Garda Oliver Cully (55), who works on protection duty at Arás an Uactaráin, was falsely imprisoned and assaulted by members of the gardaí in the incident after Garda Cully left a night club on early on April 24th, 2004.
The jury of six men and four women assessed damages for false imprisonment at €23,000 and €9,000 for the assault. The jury who heard the case over 13 days and deliberated for four hours also found that gardaí had intentionally or recklessly inflicted emotional suffering on Garda Cully and assessed damages for this at €14,000. Aggravated damages amounting to €49,000 was also awarded bringing the total award to €95,000.
Mr Justice Colm MacEochaidh will later this month decide on a loss of earnings claim from Garda Cully.
In evidence Garda Cully, who has been in the force for more than 30 years, said he was left sitting on a Dublin street handcuffed until a garda van came to take him to a station. He told the jury he felt totally embarrassed to be sitting in handcuffs on the street opposite a pub which is a “garda haunt.”
He had queried a charge of €35 for a taxi to Lucan after he had left a Dublin city nightclub. He told the High Court he had 10 months later made the same journey by taxi for just over €20.
Emotional suffering
Garda Cully sued the State claiming he was assaulted and falsely imprisoned as a result of the incident over the taxi fare in the early hours of April 24th, 2004. He also claimed he was subjected to emotional suffering. The State defendants denied all the claims.
The jury were also told Garda Cully was found not guilty on all charges relating to the incident in the District Court including breach of the peace and resisting a garda. A Garda disciplinary investigation stopped after six months.
After the verdict Mr Justice Colm MacEochaidh thanked the jury for their service and exluded them from having to serve on a jury again for eight eyars.
In evidence Garda Cully said he was aware it was illegal to overcharge and he told the taxi driver he would pay what was on the meter. He said the taxi driver told him to get out, but then drove on and stopped after 100 metres and called over two uniformed gardaí. He said a male garda came over to him in the car and he told him he just wanted to get home and the driver was trying to overcharge. He said the garda said “get the fuck ot of the car”.
Garda Cully said he was not drunk and did not say anything abusive to the gardaí. He said other gardaí had arrived and one said to him he was “a big fucking ape”.
He said he walked away with the intention of getting another taxi.
“After twenty five paces I heard somebody running . My legs were taken from under me in a rugby tackle . My face hit the ground first,” he said.