Valentine Ticu, aged 38, of Palmerstown Drive, Dublin, claimed he was forcibly removed from his bus, arrested, placed in handcuffs, and pushed against a patrol car by Garda David Maguire in an incident after 11pm on October 4, 2011, at the junction of Kimmage Rd and Sundrive Rd, Dublin.
Mr Ticu sued the Garda commissioner and Garda Maguire for damages for assault, falsely imprisonment, and wrongful arrest. The claims were denied.
Mr Justice Michael White found Mr Ticu was wrongfully arrested and was assaulted. The judge said Garda Maguire lost his temper after Mr Ticu did not comply with directions to move the bus away from a traffic accident.
The judge dismissed Mr Ticu’s claim that he was maliciously prosecuted by the defendants. Judgment was against the Garda commissioner only.
Mr Ticu was directed by Garda Maguire to move his move his bus as, due to the accident, the bus could not continue along its route. However, Mr Ticu said he could not deviate from his route without contacting his depot.
Mr Justice White said Garda Maguire removed Mr Ticu from the bus. He was arrested and charged with public order and road traffic offences.
When the case came before the district court, the judge accepted the evidence of Mr Ticu and two independent witnesses and dismissed all the charges.
Mr Justice White said Mr Ticu erred by not complying with the direction to move the bus.
However, he said he was satisfied Garda Maguire lost his temper when Mr Ticu failed to comply with his direction. He said he accepted the evidence of a witness who was a passenger on the bus, who had described Garda Maguire as being “out of control” during the incident.