Man settles damages case after flat raided mistakenly

A Dublin man has settled his High Court action against the Garda Commissioner and State for damages over alleged assault and false imprisonment after the Garda Emergency Response Unit mistakenly raided his flat.

Francis Foster, 58, claimed he has been traumatised after ERU members forced their way into his flat at Nicholas St, near Christchurch Cathedral, Dublin around 6.30am on July 19, 2013.

Mr Foster has sued the Garda commissioner, Ireland and the attorney general for damages, including exemplary damages, for alleged assault, false imprisonment and violation of his dwelling in breach of Article 40.5 of the Constitution.

He claimed he suffered trauma and shock as a result of what happened. He claimed he is unable to sleep properly, suffers from panic attacks, flashbacks and post traumatic stress disorder, and is on medication.

The defendants accepted that the wrong premises was raided but denied the claims of assault, false imprisonment, or that they had breached Mr Foster’s constitutional rights.

Yesterday, following talks between the parties Mr Justice John Hedigan and the jury were told by Jim O’Callaghan, counsel for Mr Foster, that the matter had been settled and the case could be struck out. No details of the settlement were revealed to the court.

As part of the settlement, one of the officers involved in the incident, Detective Sergeant Paul Murphy of Kilmainham Garda Station, gave evidence the wrong premises had been entered. He said he immediately apologised to Mr Foster on the morning of July 19. Det Sgt Murphy also expressed his regret” to Mr Foster over what was “an error”. Mr Foster, he said is a man of impeccable reputation, and someone of good name.

After leaving the witness box, the detective and Mr Foster shook hands.