Garda ‘was aggressive and highly intoxicated’

A garda who has sued the State for alleged wrongful arrest and assault when he was off duty was” aggressive and highly intoxicated” the garda who arrested him yesterday told the High Court.

Garda Sean Keogan said gardaí also had to use two sets of handcuffs on off-duty garda Oliver Cully who was “shaking, twisting, and turning.”

“He was resisting us every step of the way,” the witness told a jury.

It was the sixth day of Garda Oliver Cully’s action against 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 he was subjected to emotional suffering. The State defendants have denied all the claims and contend Gda Cully was lawfully arrested and that everything was done properly and within the law.

Cross-examined by Martin Giblin, counsel for Gda Cully, Gda Keogan denied he told the off duty gardaí to “get out of the fucking car” after the taxi driver approached gardaí.

“That is not what happened at all. You would never start an incident like that at 3am”, he said, and said his approach would be as a pacifist. He said he wanted to resolve the dispute between the taxi driver and passenger, but because of Gda Cully’s behaviour he said he could not resolve it. He said he wanted Gda Cully to get out of the taxi and calm down.

Gda Keogan also said at no stage was Gda Cully rugby tackled to the ground. Gda Keogan said he was willing to let him leave the scene if he was willing to walk away calmly and it was only when he pushed Gda Keogan and another garda that he intervened to arrest Gda Cully.

As Gda Cully was walking away, he said he was shouting and aggressive and called gardaí ‘fucking wankers’.

At that stage he said he felt it as his duty to arrest Gda Cully and he had to intervene.

The case before Mr Justice Colm MacEocaidh and a jury continues today.