Man who claims garda car drove over his lower leg avoids conviction for alleged threatening behaviour
A man whose arm was caught in the door of a garda car and who claimed the same squad car drove over his lower leg has avoided a conviction for alleged threatening behaviour against a garda.
Damien Long, of Curragh, Marsh Road in Skibbereen, had told senior gardaí in West Cork he did not want to lodge a formal complaint with the garda watchdog GSOC in relation to the issue as he feared he would be "targeted" if he did so.
Mr Long, aged 37, also denied the charge that he had engaged in threatening, abusive or insulting behaviour during an incident near his home on May 7 last year when a disagreement over the serving of a summons became heated.
Skibbereen District Court heard that shortly after 9pm that evening Garda Karen O'Flynn, who was on patrol with Garda Daniel Quinlan, went to Mr Long's home to serve a summons related to his company, Dave Long Coach Travel Ltd, but Mr Long was not at home.
Garda O'Flynn told Judge James McNulty that they then set up a Mandatory Alcohol Testing checkpoint elsewhere on Marsh Road, as planned, for 9.30pm that Sunday night.
Not long afterwards Mr Long approached the checkpoint. The court heard that she said she had a message for him, referencing the summons, adding "don't shoot the messenger".
She told the court that Mr Long said the summons was out of date, and that at one point Mr Long "flipped" and became threatening towards her.
Mr Long denied this, and said while he had initially queried whether the summons was out of date, he then requested Garda O'Flynn to hand over the summons so he could check the dates more closely but she refused.
Garda O'Flynn said she placed the file in the patrol car and - because of Mr Long's demeanour - decided to end the checkpoint early.
She said Mr Long then, unbeknownst to her, tried to reach into the car between her shoulder and the doorframe and she accidentally closed the door on his arm. Mr Long denied this and said the Garda saw him reaching for the file and she closed the door on his arm.
Garda Quinlan returned to the car and Mr Long said that as he leaned into the car and asked him for the file, Garda O'Flynn drove forward, causing him to lose his balance. He claimed that the car then reversed and as it pulled forward the rear right wheel went over his lower left leg just above the ankle. Garda O'Flynn denied this and she and Garda Quinlan told the court they believed Mr Long was "playacting".
Mr Long visited Southdoc within an hour of the incident and a medical report from Dr Don Creagh was read into court, detailing abrasions to Mr Long's forearm and left leg. In court, Dr Creagh said Mr Long may simply have been very lucky not to have received more serious injury, given the narrative that was provided to him in Southdoc that night.
Mr Long had recorded some of the exchange with Garda O’Flynn, which he played for the judge.
However, Judge McNulty noted evidence that Garda O’Flynn said to Mr Long that night “I’ve never had a problem with you before”, and it was her prerogative to take the summonses with a view to checking the details and reverting to Mr Long having done so.
Judge McNulty said there was no evidence Mr Long had been insulting or abusive but while it was “a matter of degree” he considered the case that Mr Long had been threatening as proven.
As for Mr Long’s recording of the exchange, he said: “I think that anybody on duty in public service, and anybody whips out the mobile phone in any way to record the conversation, would be taken aback.”
He discharged the matter under the Probation Act for one year and fixed recognisance for any appeal at Mr Long’s own bond of €100. Mr Long had no previous convictions.
