Courts / Westmeath / Report
Jury finds man was assaulted during arrest, awards damages
Summary
A High Court jury in Co. Westmeath awarded €13,000 in damages to Fergal O'Rourke, 62, after finding he was assaulted during an arrest on 12 July 2009 at a checkpoint in Ballymore. O'Rourke alleged that Garda Darren Murphy kicked, grabbed his throat, punched him, and struck him with an implement while he was on the ground and handcuffed. He also claimed Garda Joanne McGhee did not assault or injure him. The jury, after more than three hours of deliberation, concluded that Murphy had negligently inflicted injuries and intentionally caused emotional distress, and that reasonable force was not used. McGhee was found not to have assaulted or injured O'Rourke. The award was made by Mr Justice Colm MacEochaidh. O'Rourke had previously pleaded guilty to a charge of failing to provide a specimen after his arrest. The case involved a three‑day trial with photographic evidence of his injuries.
Who, what, where, when and why
What: Report matter: Jury finds man was assaulted during arrest, awards damages. Charges or matters: a charge of failing to provide a specimen after his arrest, claimed he had accidentally kicked Garda McGhee when he lost his balance while he was being apprehended. Procedural stage: trial
When:
- July 12th 2009 Incident
- 2016-05-10 Publication
Case subjects
Applicant
Charges: a charge of failing to provide a specimen after his arrest, claimed he had accidentally kicked Garda McGhee when he lost his balance while he was being apprehended (Admitted)
Plea: Guilty
Places mentioned
Topics
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