Teacher who claims arm broken by garda at station could not have sustained injury prior to arrest, court told

Orthopaedic consultant told court woman could not have sustained her broken left humerus while being arrested and placed in handcuffs without displaying significant pain at the time

Woman has claimed she 'screamed out in agony' after a male garda allegedly twisted her arm until it broke at Millstreet Garda Station following her arrest after an altercation with her brother near Eyre Square in Galway

A teacher who claims her arm was broken by a garda in a Galway station could not have sustained that fracture prior to being placed in handcuffs on the street, the High Court has heard.

Orthopaedic consultant at University Hospital Galway Michael O’Sullivan told a 12-person jury then 23-year-old Denise Callinan could not have sustained her broken left humerus while being arrested and placed in handcuffs without displaying significant pain at the time.

Ms Callinan, from Manorhamilton, Co Leitrim, has claimed she “screamed out in agony” after a male garda allegedly twisted her arm until it broke at Millstreet Garda Station following her arrest after an altercation with her brother near Eyre Square in Galway city centre in the early hours of October 19, 2019.

Mr O’Sullivan told the court, before Judge Tony O’Connor, Ms Callinan had attended him in June 2021 and told him she had had her arm broken following an assault at a Garda station.

He said the injury to Ms Callinan, who has sued the Garda commissioner seeking damages for the alleged assault, was a spiral fracture, often caused by an arm being twisted.

He said the fracture in question, “like a spiral staircase”, had been sustained just above the elbow and stretched two-thirds of the way up Ms Callinan’s middle arm.

He said the injury had healed well, and treatment of such a fracture was routine and non-invasive.

The consultant said such a fracture was very painful, and on a scale of one to 10 would register between eight and 10.

Asked by Seamus Breen, for Ms Callinan, if an individual could carry on as normal after sustaining the injury, Mr O’Sullivan replied: “No, you would have pain immediately, you’re going to need help”.

He agreed with David McGrath, for the commissioner, the injury could be caused by a person resisting while being restrained, but disagree such a factor was certain, replying to Mr Breen when asked if the injury could be sustained without serious resistance: “Yes it can.” 

The jury heard from Robert Holt, a microbiologist who had encountered Ms Callinan and her brother Eoin on the night in question, and was present when they were arrested. Mr Holt agreed with Mr McGrath Ms Callinan had been “quite hysterical” when arrested.

Mr Holt said as an argument between Ms Callinan and her brother escalated on the street, they had restrained her — he by her left forearm and her brother by her right — after she punched a wall.

“I was just trying to calm them down, and stop her hurting herself,” he said.

Mr Holt said he had no recollection of Ms Callinan kissing her brother — as alleged by the gardaí present — and he “would have been shocked I think” had he witnessed same.

He added Ms Callinan did not appear to be in physical discomfort when being taken away in a Garda van following her arrest.

Separately, the court heard the consultant notes of a psychiatrist who treated Ms Callinan for a psychotic episode in September 2020 made no reference to her alleged assault by gardaí the previous October.

Ms Callinan had told the court her eight-week stay and diagnosis of psychosis had directly resulted from the alleged assault and her experience at the Galway Garda Station in 2019.

“My mental health was in perfect condition prior to that incident,” she told Mr McGrath.

Mr McGrath said according to the case notes of the psychiatrist in question, Ms Callinan had never mentioned the trauma of the alleged assault, but had only spoken of her stress concerning ongoing solicitor fees stemming from her conviction for drunk and disorderly behaviour that night.

Ms Callinan said the psychiatrist had “let me down” by not taking note of the effects of her assault, adding she would “question the reliability of these notes”.

The trial continues.