Fergal O’Rourke gives evidence in High Court assault case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Fergal O’Rourke gave evidence before a High Court jury in his damages action against the State and Garda Commissioner for alleged assault and battery. The proceedings were reported on 5 May 2016.

He alleged that a garda repeatedly struck him with “a weapon” while he was handcuffed and on the ground. He also alleged another garda repeatedly struck him and grabbed him by the throat during his arrest shortly before 9pm at Ballymore, Co Westmeath, on 12 July 2009.

He claimed he required hospital treatment and was left with a lame leg. The court heard that the incident had left him feeling nervous. He accepted having had two drinks that day.

The defendants denied the claims. They said the jeep he was driving performed a U-turn at a Garda checkpoint, after which he went down a laneway and left the vehicle before being apprehended.

The defendants said gardaí had to use a baton to defend themselves after he resisted arrest and kicked one of them. He said his leg accidentally struck a garda as he fell during the arrest and that he never intended to kick him.

Under cross-examination by David Sutton, counsel for the defendants, he said he had no intention of hitting any garda. He accepted that he had been trying to escape when apprehended.

The case was continuing.