Man struck by garda he insulted awarded €8,500

A High Court jury has awarded €8,500 in damages to a 22-year-old man who claimed he was struck in the face by a Garda he had insulted while in custody.

Salko Osmanovic (aged 22) claimed his jaw was fractured after a garda struck him twice in the face after he called the Garda "a fat c**t."

He brought an action for damages against the Garda Commissioner, Ireland and the Attorney General for alleged wrongful assault and battery while he was in custody at Blanchardstown garda station on January 16/17, 2006.

In its defence, the state denied Mr Osamanovic's claims. It argued that any injuries that he sustained were as a result of being involved in fracas outside a nightclub before being brought into custody.

This evening after deliberating for 90 minutes the jury of seven women and five men, before Mr Justice Eamonn De Valera, agreed that Mr Osmanovic was struck by a Garda and awarded him €8,500 in damages. Mr Osmanovic secured a further €740 in special damages.

The jury heard over the two-day hearing that on the night in question Mr Osmanovic, a tyre fitter with an address at Remount, Racecourse Common, Lusk, Co Dublin, was arrested and conveyed to Blanchardstown garda station following a disturbance outside a nightclub.

Mr Osmanovic, who had been out with friends, said that he was struck on the nose outside the the nightclub after he had tried to stop others from fighting. He admitted that he had a number of drinks at the club and at a pub earlier that night.

He said that after he was struck, both he and one of his friends were detained by the gardaí and were brought to Blanchardstown garda station and was handcuffed.

While there, his friend, who delivered Chinese food, recognised one of the gardaí present as someone he made delivers to.

Mr Osmanovic, a Bosnian who has been living in Ireland since he was six or seven years old, admitted that he then said to the Garda in question, described in court as being a large person: "You like your Chinese, don't you? You fat c**t?"

Mr Osmanovic said that the Garda then struck him on the face, and asked him to repeat that phrase. Mr Osmanovic said when he repeated what he had said the Garda in question struck him again. After he struck him, Mr Osmanovic said that the station went quiet.

The court heard that following the alleged assault he was placed in a cell. His friend was also placed in the cell, and it was claimed that Mr Osmanovic became very ill and started throwing up blood. Concerned at this his friend brought this to the attention of the gardaí, who called an ambulance.

Mr Osmanovic was brought to hospital and diagnosed as having a fracture to his jaw, and one of his teeth had become loose. He required surgery and his jaw was wired.