Four members of the gardai pulled a farmer from his jeep and punched and kicked him on the ground, a judge decided yesterday.

Judge Jacqueline Linnane awarded Philip Johnston, of Drogan, Kiladeas, Irvinestown, in Co Fermanagh, €30,000 damages for assault and false imprisonment.

She said evidence from two independent witnesses and a doctor supported his account of having been dragged from his vehicle.

Judge Linnane at the Dublin Circuit Civil Court had heard Belfast barrister Jim Mallon, counsel for Johnston, outline how Johnston had been stopped by Garda Tom Dooner only yards from the border in Blacklion, Co Cavan, on September 8, 2001.

Within seconds, three other gardai had appeared beside his jeep and trailer which contained several sheep and cattle during the foot and mouth outbreak of that year.

"He will tell the court how he was dragged from his jeep and punched and kicked by four members of An Garda Siochana before being handcuffed and put into a garda car," Mr Mallon said.

Mr Mallon had added that he would present two independent witnesses to relate how they saw the assault by gardai on Mr Johnston as well as a pathologist and police doctor.

Judge Linnane said Mr Johnston had told the court he had been stopped at 5:30pm by Garda Dooner and had furnished documents as requested. Three other gardai, Garda James Gallagher, Sgt Eamon Sweeney and a Sgt Scanlon had come along and had pulled him out of his vehicle.

He said they kicked and punched him and handcuffed him before arresting him for dangerous driving. He had been taken to Blacklion Garda Station where he had complained about the handcuffs being too tight. He had then been taken to Manorhamilton Garda Station where the handcuffs had been removed.

She said custody records had been filled in before he had been released to his son at 9pm.

When his son had expressed shock on having seen blood on his father's face and shirt, both he and his father had asked for a doctor to be called but had been told none was available.

After having driven to check on his animals, Mr Johnston had been taken to The Erne Hospital, Enniskillen, where the Accident and Emergency Unit had noted marks of tight handcuffs on his wrists, a very swollen and tender right wrist suggesting a fracture, and tenderness of his back and lower lumbar area.

There had been an abrasion behind his right ear, an injury to his nose and an abrasion to his right knee.

She said Garda Gallagher and Mr Johnston had "a previous run in" in which Mr Johnston had been fined in relation to the movement of animals and fined £200 for assault.

The Judge said the evidence of the four gardai was that after stopping, Mr Johnston had attempted to move off towards the border and they had to run alongside the jeep and take him out of it.

Awarding €30,000 damages and costs, Judge Linnane said the case was one that attracted aggravated and exemplary damages.