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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11039
Experience:  Barrister 17 years experience
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I want to charge a member of An Garda with assault. Is there

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I want to charge a member of An Garda with assault. Is there any advice on how to go about this. I'm a Sixty-eight on a state non-contributory pension, and Ireceived broken and fractured ribs, and the most degrading treatment, a treatment I would not wish on my worst enemy. Anyone I have spoken too, keep telling me that An Garda are untouchable and that I should put it behind me and move on. They don't seem to realise that this experience has damaged my health and wellbeing. I have difficulty sleeping, and can only remember parts of the experience. Since new years day I have aged about ten years inside. My spirit is broken and I cannot see a way forward. Is there any help out there?.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The first thing I would advise you to do is to get yourself a solicitor and get the solicitor to formally write to the Gardai and seek your arrest and detention record from the station where you were arrested. Then, when you have got the facts and you can correlate the records with what you remember, then you can go with your solicitor and formally make a complaint about the arrest, detention and assault which you have suffered at the hands of the Gardai. However, as your memory of events is not clear, you would be foolish to make an assault allegation without getting the full facts so you may be certain of your story. Otherwise, the assault charge will not stick and you will end up with egg on your face.

2. Your solicitor will also advise you not to go to the Garda station where the assault occurred or where you were arrested as the Gardai in this station will have a conflict of interest when it comes to your assault charge.

Buachaill and other Republic of Ireland Law Specialists are ready to help you

3. However, the Gardai are not untouchable. They are accountable to the law just the same as anyone else.