Reid v Commissioner of an Garda Siochana & Ors [2019] IESC 21 (10 April 2019)

Reid v Commissioner of an Garda Siochana & Ors [2019] IESC 21 (10 April 2019)

There was a conflict of evidence as to whether the Gardaí identified themselves and whether reasonable force was used in entering the appellant's apartment. This was a matter for the jury to resolve, not for the judge to withdraw from the jury. The High Court erred in withdrawing the case from the jury; the appeal should be allowed and the matter remitted for a full hearing.

Citation
[2019] IESC 21
Parties
Plaintiff/appellant: Paul Reid; Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Minister for Justice and Equality; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
10 April 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
False Imprisonment, Trespass to the Person, Arrest on Warrant, Reasonable Force, Jury Withdrawal, Mistaken Identity
Tort Law Constitutional Law Criminal Procedure False Imprisonment Trespass to the Person Arrest on Warrant Reasonable Force Jury Withdrawal +1 more

Case Brief

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Parties

Paul Reid

Plaintiff/appellant

The Commissioner of An Garda Síochána

Defendant/respondent

The Minister for Justice and Equality

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Gardaí used unreasonable force in entering the appellant's apartment and arresting him under a bench warrant issued in error
  2. 2 Whether the case should have been withdrawn from the jury at the close of evidence
  3. 3 Whether the appellant's detention amounted to false imprisonment or trespass to the person

Ratio Decidendi

There was a conflict of evidence as to whether the Gardaí identified themselves and whether reasonable force was used in entering the appellant's apartment. This was a matter for the jury to resolve, not for the judge to withdraw from the jury. The High Court erred in withdrawing the case from the jury; the appeal should be allowed and the matter remitted for a full hearing.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Matter remitted to the High Court for a full hearing