‘He is a tiny lad ... not the type to take on three or four gardaí’

MICHAEL GAFFNEY will remember his 18th birthday as one of the worst days of his life. The events of that evening left him and his family traumatised.

Their solid faith in the criminal justice system began to unravel that evening. Mr Gaffney's story has prompted a Government minister to question if gardaí who are accused of committing seriously improper acts are really made to answer for them.

The young man claims he was brutally beaten in garda custody, vexatiously charged with assault and taken to court. And then, he says, his complaint against members of the force was not properly investigated.

A garda spokesman said of the case last night: "A young man was arrested and following his release complained to the Garda Complaints Board in relation to his treatment while in custody. These allegations were investigated by the complaints board, following which a file was forwarded to the Director of Public Prosecutions who directed no prosecution against any member of An Garda Síochána."

But Minister of State Dick Roche, who knows the family, describes the case as disturbing and extraordinary.

He was a witness when the young man, now in his early 20s, appeared in Dublin District Court charged with assault in connection with the incident. The charge was thrown out in late December 2002 after the judge decided not to accept the garda evidence. The judge publicly expressed substantial doubts about the evidence presented before him.

A strong defender of the gardaí, Mr Roche was shaken by the events of that night in September 2001 and those that followed. He is convinced Mr Gaffney and his family are the victims of a serious injustice.

While the family are keen to put the entire episode behind them not least because the young man's father, a local doctor, died of a heart attack while the case was still progressing others believe it should be aired in the public interest. This is Mr Gaffney's story, pieced together from various sources.

In September 2001, the young man was celebrating his 18th birthday at a nightclub on Nassau Street in the centre of Dublin.

Friends arrived with invitations but one of the doormen blocked their way and said they were not allowed in. Mr Gaffney was sent for and came down to the door to confirm they were his guests. Words were then exchanged between a number of the young men and the bouncers.

Another doorman, who has never been properly identified, as CCTV footage appears to have gone missing, arrived and became embroiled in the row, which quickly turned physical.

It is claimed that at one point, Mr Gaffney, a slight young man, was placed in a headlock against a railing.

The gardaí were called. Mr Gaffney was arrested, placed in a garda van and taken to the station. It is his testimony that he was physically assaulted by at least three gardaí.

He claimed, in his complaint against the gardaí, that he was forced to the floor of the van, that one member sat on his head while others beat him about the body.

Mr Roche, who was called out of his bed and went to the family's home shortly after the young man's release, said: "I was very shocked when I got a phone call from his mother. I know this family well. He is a tiny lad, small and slight and not the type to take on three or four gardaí. The allegation was that he was drunk but he certainly was not."

The minister, who took contemporaneous notes, states that the young man had injuries to his head and body. There were bruises on his face, including a nasty injury right under his chin. He was savagely beaten in garda custody, Mr Roche said.

He said that what is just as disturbing is what happened when the complaint was lodged. It added injury to injury and was incredible and ludicrous, Mr Roche said. Mr Gaffney was charged with assault while an investigation was launched by the Garda Complaints Board.

A senior officer was appointed to probe the allegations.

"All he needed to do was examine the evidence and he would come to same conclusion as myself and others," Mr Roche said. Instead, the board was satisfied there was no breach of discipline. Mr Roche described the investigation as derisory.

The family could not afford, or did not have the heart, to take a civil action as they had already spent a considerable sum defending Mr Gaffney against the criminal charges.

Mr Roche said other gardaí who have been contact with him about the case are concerned about the alleged actions of their colleagues.

In addition, every one of the young man's friends will forever have an adverse view of gardaí for the rest of their lives, he said.

Mr Roche said the family are well-known, respected and comfortable.

"What happens in the same sort of situation to a child that comes from a powerless family from the inner city, from the outer city or from anywhere else?" he asked.