A garda suing for alleged assault and unlawful arrest when he was off duty and queried a late-night taxi fare denied in the High Court yesterday he had told a garda to fuck off.
Garda Oliver Cully also denied saying “you are fucking wankers” to gardaí and said he never said that to anybody in his life and it was invented.
Gda Cully — who claimed he was rugby-tackled to the ground by gardaí — told a jury on the third day of his action against the State that he said he would report the taximan he thought was trying to overcharge him to the Carriage Office and he had said he would also report the gardaí over the incident.
Gda Cully has sued the State claiming he was assaulted, unlawfully arrested, falsely imprisoned, and maliciously prosecuted as a result of the incident over the taxi fare in the early hours of April 24, 2004.
He is also claiming that he was subjected to emotional suffering. The State defendants have denied all the claims and contend that Gda Cully was lawfully arrested and that everything was done properly and within the law.
Cross-examined by Hugh Hartnett, counsel for the State, Gda Cully yesterday said he absolutely did not say “fuck off” to a garda who asked him to get out of the taxi.
“I don’t tell people to fuck off . I don’t use that language with anybody,” he said.
He also denied that he had referred to a young garda as a “young pup”.
“To me, he was another member of An Garda Siochána,” Gda Cully replied.
He said that two gardaí were in his face and abusive and he said he would report them.
One of the gardaí, he claimed, said “big fucking deal” and another called him “a big fucking ape”.
Gda Cully said he had said to the two gardaí that they should watch their jobs. Counsel put it to him the gardaí wanted to diffuse the situation.
Gda Cully said that he wanted to go home and walked away but he heard somebody say “get him” and he heard running and his legs were taken from under him.
Counsel suggested the rugby-type tackle alleged never happened.
Gda Cully replied that it did happen.
The case before Mr Justice Colm MacEocaidh and a jury continues on Monday.
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