Man tells court he was beaten by gardaí in a 'messy situation' in Waterford City
Peter Street outside City Square, Waterford City
A man has been given a suspended sentence after he refused to comply with a garda who had ordered him to leave an area.
Ion Roman (64), of Mount Suir Manor, Gracedieu, Waterford, was before Judge Kevin Staunton at Waterford District Court on charges of obstructing a peace officer and threatening and abusive behaviour on Peter Street on November 29, 2024.
Garda Clodagh Horgan told the court that on the day of the incident, she was on patrol when she received a call about a man begging outside City Square.
She went to the shopping centre where the man was directed to leave.
However, 45 minutes later, she saw the defendant had returned and was drinking from a bottle of vodka.
Garda Horgan told the court that as she approached the man, he began shouting.
Garda Horgan activated her body camera and called for assistance.
The footage from the garda’s body cam was played in court. It shows the incident where Garda Horgan repeatedly asks the defendant to put out his cigarette.
The defendant argues with Garda Horgan and can be heard saying “calm” repeatedly.
Garda Horgan tells him again to put out the cigarette and turn around so she can handcuff him. The man said he does not understand, and the garda tells him that he does.
The interaction continues in this way before the garda uses her incapacitation spray, and the man is forcibly handcuffed on the ground.
The garda can be heard calling for someone to get the security guard to assist her.
Garda Inspector Keith Goff asked Garda Horgan if the defendant at any point had complied with her instructions, and she said he had not.
Even after he was pepper-sprayed, he continued to try and grab at her arm and leg, she told the court.
Inspector Goff asked why she had been so insistent on him putting out his cigarette, and Garda Horgan said: “I knew I would have to put the handcuffs on him, and if he had not dropped the cigarette, I would have got burned.”
Acting for the defendant, solicitor Hilary Delahunty asked the garda if she knew his health was poor and he had been homeless for some time, to which she answered no.
He put it to her that his client was not shouting, and the footage was evidence of that.
He said Mr Roman was in fact confused, repeatedly saying “calm” and there was no need for the pepper spray.
“It was totally disproportionate, I am putting that to you. He doesn’t know what is going on,” said Mr Delahunty.
Garda Horgan said that he kept trying to grab at her, and Mr Delahunty responded: “All you had to do was call a colleague.”
With the assistance of an interpreter, Mr Roman told the court that he had been “beaten up” and kicked by the guard and that he “could not breathe”.
He told the court that he wanted to “walk away” but that the guard had wanted to arrest him, and he refused.
Mr Delahunty asked his client if he knew why he was pepper-sprayed.
Mr Roman said: “Because I didn’t want to be handcuffed, my hands hurt very badly.”
Mr Roman said he wasn’t very well and he didn’t understand what the garda wanted him to do.
But he told the court he was “thrown like trash”, “stomped on” and beaten so badly he couldn’t remember.
When he was taken to the station, he asked for cold water to wash out his eyes and was given warm water.
He told the court that when he complained, he was approached by four gardaí and told to “shut up”.
“I want to sue the police for what they did to me,” said Mr Roman.
When asked if he had tried to grab Garda Horgan, he said: “No. She is lying. She is lying.”
Mr Roman said he was very sorry for what had happened and said he would accept it if the judge wanted to send him to prison, but that he should not have been beaten.
“I was assaulted like Jesus on the cross. I was tortured,” said Mr Roman.
Inspector Goff asked the defendant if he knew a garda was giving him directions, and he confirmed that he did.
Inspector Goff said it was clear from the video that he wanted to leave, but that he wanted to finish his cigarette first.
But he asked if he accepted that had he complied with the instructions to leave, the incident would not have happened.
The defendant said that he did accept that, but did not want to be handcuffed.
He explained that his phone was stolen in the hostel where he was staying, and he was begging for the money to buy a new one.
The court was told that the man is a widower with five children who all live abroad.
He sends money to them from his pension, and he needed the phone to stay in contact.
Inspector Goff asked the man if he knew he did not have the option to just walk away once the garda had decided to arrest him, and that his obstruction “is what has caused all the fuss”.
Mr Delahunty intervened, arguing that he can walk away if the arrest is unlawful.
Mr Roman concluded his evidence by saying he was sorry, and if they wanted to put him in prison, he would accept that.
Judge Staunton said that he wanted to start out by saying that “nobody is going to jail”.
He said this was one of those “messy situations” where the garda was trying to deal with a situation where there was a language difference.
“But language difference or no difference, he was in no doubt that she wanted him to move on, and he didn’t, which is why he was arrested. Then he behaved as if he wanted to move on. It is a messy situation, but I must convict on this offence,” said Judge Staunton.
The court heard the defendant had four previous convictions.
Judge Staunton imposed a two-month prison sentence, suspended for 12 months, for the obstruction charge.
He struck out the charge of threatening and abusive behaviour.
Mr Delahunty told the court that his client intended to appeal the decision, to which the judge responded, “Very well.”
