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Dublin bus driver awarded €49,000 after judge finds he was assaulted and wrongfully arrested by "out of control" garda

Date
2014-12-05
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

A Dublin Bus driver, Valentin Ticu, has been awarded €49,000 in damages after a High Court judge found he was assaulted and wrongfully arrested by Garda David Maguire. The incident occurred on October 4th, 2011, at the junction of Kimmage Road and Sundrive Road in Dublin. Mr Ticu claimed he was forcibly removed from the bus he was driving, arrested, placed in handcuffs, and pushed against a patrol car. He sued the Garda Commissioner and Garda Maguire for assault, false imprisonment, and wrongful arrest. The claims were denied by the defendants. In his judgment, Mr Justice Michael White found that Mr Ticu was wrongfully arrested and assaulted. The judge noted that Garda Maguire lost his temper after Mr Ticu did not comply with his direction to move the bus away from the scene of a road traffic accident. The judge dismissed Mr Ticu's claim of malicious prosecution. The judgment was against the Garda Commissioner only. Mr Ticu was charged with public order and road traffic offences, which he denied. The District Court had previously dismissed all charges against him. The judge viewed CCTV footage of the incident and accepted the evidence of Mr Ticu and two independent witnesses. The judge concluded that Garda Maguire's actions were unnecessary and that Mr Ticu was entitled to damages of just over €49,400 plus his legal costs.

Who, what, where, when and why

What: Report matter: Dublin bus driver awarded €49,000 after judge finds he was assaulted and wrongfully arrested by "out of control" garda. Charges or matters: public order and road traffic offences. Procedural stage: sentence

When:

Case subjects

Valentin Ticu

Applicant

Charges: public order and road traffic offences (Alleged Or Contested)

Outcome: Arising out of the incident Mr Ticu sued the Garda Commissioner and Garda Maguire seeking damages for assault, falsely imprisonment and wrongful arrest.

Places mentioned

Incident
Court Venue
  • High Court
Residence
  • Palmerstown Drive
  • Dublin
  • Kimmage Road
Garda Station
  • and taken to Sundrive Garda Station

Topics

Public Order Road Traffic Stage Sentence Violent Crime

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