Court dismisses allegation of Garda assault on woman

A High Court judge has dismissed a woman's action against a Garda whom she alleged had assaulted her causing her a serious injury that required a skin graft and took several months to heal.

Mr Justice Bryan McMahon said the woman had failed to "meet the threshold" of proof that the force used by the Garda at Harcourt Street station in Dublin following her arrest for suspected shoplifting, was "disproportionate and unreasonable."

The court had heard that the woman, who cannot be named on Mr Justice McMahon's instructions, went on a "shoplifting spree" in Dublin in July 2008, and was arrested on suspicion of committing theft.

She was initially cooperative when taken to Harcourt Street Garda station, but when she was informed her bag would be searched she became "obscenely aggressive."

In her evidence to the court, she admitted roaring and screaming and said there was pushing and shoving as a female Garda tried to take the bag from her. Two sergeants were called into the room to help restrain her.

In her version of events, the woman said that as she was being removed from the room by the two sergeants, she saw a Garda running towards her so she lifted her leg and kicked him the midriff to protect herself.

She alleged that he kicked her back in the shin causing a serious injury to her leg.

The Garda however told the court that as she emerged from the room, the woman lashed out and kicked him twice in quick succession. He raised his foot "in anticipation of the second kick and it was then that (her) leg came in contact with the sole of his shoe."

The woman complained that she had been injured and after being examined was found to have a serious gash to her leg which required a skin graft and took five months to heal.

The court heard medical evidence however that the woman had been diagnosed with serious diabetes and also suffered from Cushing's disease which causes her to bruise easily. About a year before the incident, she injured the same leg after hitting her shin against skirting boards. That injury also required a skin graft and took almost a year to heal.

Dr Amar Agha told the court that she had been presrcribed cortisone and there were high levels present in her system at the time, which also causes the skin to bruise more easily.

He indicated that serious injury could readily occur if she was struggling to free herself from the grip of the two sergeants.

Delivering judgment, Mr Justice McMahon said that the woman's argument would have had more force "were the plaintiff not afflicted by a medical condition which meant she bruised easily and had fragile skin".

"Given how easily she suffered her earlier wound...I conclude that the injuries she suffered here would not require the application of great force."

He also said he accepted that the Gardaí's evidence had been given honestly and dismissed the action.

The woman was not present in court for the judgment.