Garda: I was rugby tackled after querying fare in Dublin

A garda yesterday claimed before the High Court when he was off duty, he was rugby tackled to the ground by other gardaí, handcuffed, and arrested after querying the price of a taxi home.

Garda Oliver Cully, aged 55, who has been in the force over 30 years and works on protection duty at Áras and Uachtaráin, said he was left sitting on a Dublin street handcuffed until a Garda van came to take him to a station. He told a jury he felt totally embarrassed to be sitting in handcuffs on the street opposite a pub which is a “Garda haunt”.

He had queried a charge of €35 for a taxi to Lucan in after he had left a Dublin city nightclub. He told the High Court he had 10 months later done the same journey by taxi for just over €20.

He has sued the State claiming he was assaulted, unlawfully arrested, falsely imprisoned, and maliciously prosecuted as a result of the incident in the early hours of April 24, 2004.

He is also claiming he was subjected to emotional suffering. The State defendants have denied all the claims and contend Garda Cully was lawfully arrested and that everything was done properly and within the law.

The jury was told Garda Cully was found not guilty on all charges relating to the incident in the district court including breach of the peace and resisting a garda. A Garda disciplinary inquiry stopped after six months.

In evidence, Garda Cully said he had met a garda friend and they went to a nightclub on Harcourt St. He said when they came out of the club at around 3am they went their separate ways. It was before deregulation of the taxi industry and it was difficult to get one in the city centre, he said. He walked to Camden St and managed to hail a taxi at 3.45 am.

He said he got in to the front of the car and the taxi driver said it would be “at least €35” to Lucan. Garda Cully said he was aware it was illegal to overcharge and he told the driver he would pay what was on the meter. He said the driver told him to get out, but then drove on and stopped after 100m and called over two uniformed gardaí. He said a male garda came over to him in the car and he told him he just wanted to get home and the driver was trying to overcharge. He said the garda said “get the fuck ot of the car”. The female garda he said spoke to the taxi driver.

He said he wanted the gardaí to report the taxi driver to the Carriage Office but he was told to get out of the car or he would be arrested.

Asked by his counsel Martin Giblin if he was drunk, Garda Cully answered no and said he he did not say anything abusive to the gardaí. The court heard Garda Cully had had about seven pints. Garda Cully said other gardaí had arrived and one said to him he was “ a big fucking ape”. He said he walked away with the intention of getting another taxi.

“After 25 paces I heard somebody running. My legs were taken from under me in a rugby tackle. My face hit the ground first. They were trying to get my arms behind my back. They were kneeling on my back,” he said.

The taxi driver he said also got involved and jammed his leg against his arm. Garda Cully said there were other gardaí who did not get involved. “I was shocked by what happened,” he said.

The case continues.