Lay litigant takes private prosecution against Garda

Lay litigant takes private prosecution against garda

A lay litigant has been successful in taking a private prosecution against a garda.

Stephen Manning of Belcarra, Castlebar, made an application under the Common Informers’ legislation to prosecute Sergeant Peter Hanley in relation to an incident at the County Registrar’s Court in Castlebar Courthouse on May 25 last.

The application was made before Ballina District Court yesterday (Monday). The prosecution is for common assault and public order charges.

Usually a prosecution involves making a complaint to the gardaí who then either prosecute directly or refer the matter to the Director of Public Prosecutions. In this instance Mr Manning initiated a prosecution in his own name and it required the signature of a judge to proceed.

Mr Manning, a member of the Integrity Ireland group, first made his application before Castlebar District Court last Tuesday at which stage Judge Kevin Kilraine adjourned the matter to Ballina District Court yesterday and suggested Mr Manning make some amendments to his application.

Mr Manning told the court yesterday that there were 25 witnesses and claimed there were seven people physically assaulted by gardaí in the courtroom. He said there was video evidence and eyewitness testimony.

He stated that Sergeant Hanley was the garda in charge in the courtroom.

He said one applicant before the Registrar’s Court, John Barrett, attempted to ask a question, and was told to sit down by County Registrar Fintan Murphy.

Mr Manning claimed that immediately after this a man sitting beside him was physically manhandled by gardaí while Mr Manning himself was ‘marched backwards’ towards the exit.

Mr Manning also applied to prosecute County Registrar Fintan Murphy but Judge Kilraine said the evidence Mr Manning produced ‘does not go next, nigh or near’ enough to be charged.  

The case against Sergeant Hanley is due before Castlebar District Court on July 24 next.