A Dublin man who was knocked to the ground by the riot squad during the visit of Queen Elizabeth II has lost an action for damages against the gardai.
John Fagan (60) of Lower Gardiner Street described himself as an 'innocent bystander' who was injured during a protest on Dorset Street on May 17th 2011.
He was on the phone to his daughter to tell her that he would not be able to pick her up from school because of the trouble when he was knocked to the ground.
He did not see who had collided with him. He told the court he experienced excruciating pain in his knee and suffered leg and shoulder injuries.
In this action for damages, lawyers for the Garda Commissioner denied John Fagan was struck by the riot squad as they advanced up the street.
However, Ms. Justice Mary Irvine found it was most likely that he was hit by a member of the force as they exercised a 'well practiced and routine drill'.
But she ruled it was a 'modest accidental collision' that did not arise from garda negligence. She noted there was 'mayhem' on the streets.
Video footage shows a serious escalation of the violence eight seconds before John Fagan fell to the ground when a crash barrier was thrown causing everyone on the footpath, except Mr. Fagan, to scatter in order to avoid injury.
It was then the riot squad moved in.
The judge has found that John Fagan should have noticed the riot squad who were entitled to assume that anyone on the footpath would have been aware of their advance.
She said it would set the standard unreasonably high to hold gardai liable for an 'innocent collison' by a member of the riot squad and a man making a phone call who placed himself between protesters and an advancing riot squad.
Ms. Justice Irvine said Mr Fagan was 'clearly a devoted father' who took a number of risks to his own safety he might not otherwise have taken.
Mr. Fagan may face a 'double whammy' if he is made foot the bill for his failed legal action, but costs will be decided next week.
Leaving court, he told reporters that he wished the case had gone his way.
