Robert Keeley from Ballymun in Dublin was arrested in Finglas by two Blanchardstown gardai on 4 October 2006. The gardai approached Keeley while he was in a fast-food restaurant with friends, and arrested him on suspicion of stealing a car at an earlier date.

They accompanied him to their patrol car, at which point one of Keeley's friends rang him on his mobile and was able to record the ensuing conversation.

In that recording, one of the garda is heard promising Keeley that he is going to beat him unconscious and put his jaw, which was recently broken, "back into a wire". The gardai then drive down a cul-de-sac instead of driving to the station.

When Keeley protests his innocence, one of the gardai warns him not to lie, saying, "If you want to lie I am well able to do the same thing and I'll say I never f***ing met you."

At this point, the officers appear to turn off the garda radio, saying "off the air for a small while", before one garda comments on how quiet the cul-de-sac is. "Not a car in sight, " he says. "Just the way I like it."

When Keeley appeared in Dublin District Court on 19 April, on the charges of having stolen a car, a tape of this conversation was played by the defence. The judge in the case, Justice William Earley, said that he believed the recording to be authentic, that the actions of the gardai were inexcusable and reprehensible, and that as a result of their actions he was dismissing the case.

The gardai in question are continuing to work in Blanchardstown garda station, but the Sunday Tribune understands that a Garda Inspector has been appointed to investigate their conduct in the case, and that the Inspector has already contacted Keeley's solicitors in relation to the investigation.

However, a spokesman for the Garda Siochana said he would "not comment in any detail regarding internal disciplinary investigations which may or may not be ongoing".

Asked whether the case would be referred to any external bodies such as the Garda Ombudsman or the DPP, the spokesman said that "any investigation, whether internal or otherwise, where a possible breach of the law is disclosed is invariably forwarded to the DPP for consideration".

When contacted by the Sunday Tribune, Keeley's solicitor Gareth Noble confirmed that the Keeley family have considered taking civil action against the arresting officers. However, he said "nothing has been decided in relation to that yet".

Noble also said that that he was aware of an investigation into the Garda who made the arrest, but that he had no comment to make in relation to that investigation or in relation to the original arrest. The Sunday Tribune attempted to contact the inspector heading the internal garda investigation and the two gardai involved, but received no response.

Garda to young man: "You may as well pretend you're unconscious 'cos I am going to make sure you go unconscious" DPP v Robert Keeley Transcript of Tape Recording Court 45, 19 April 2007-05-15 Garda

1: "You may as well pretend you're unconscious 'cos I am going to make sure you go unconscious."

(Inaudible response) (The North Road is a cul-de-sac) Garda 1: "And I don't think you believe me so. . . it's going to be a shock to you I can tell you that much."

Keeley: "No, garda, please."

(Inaudible) Garda 1: "It's going back into a wire when I'm finished with you. No word of a lie. . . no word of a lie. . . OK. . . you're going back in a jaw, a f***ing wire, whatever you want to say OK. . . OK. Out the North Road" Garda 1: "I'm going out the North Road. I'm going out the North Road."

Keeley: "No, no."

(Inaudible response) Garda 1: "If you want to lie, I am well able to do the same thing and I'll say I never f**king met you."

(Inaudible) Garda 1: "This is a cul-de-sac down here now. . ."

(Both Gardai begin whistling to the tune of 'Always look on the bright side of life') Garda 1: "There somewhere."

(Inaudible) Garda 1: ". . . off the air for a small while. ."

(Inaudible, then more whistling) Garda 1: "Now, there's a cul-de-sac please, and there's one. . . up there now. . . down here will do grand. . . not a car in sight just the way I like it. . ."

(More whistling) Garda 1: "What's your name?"

Keeley: "Robert."

Garda 1: "Robert what?"

(Inaudible) Garda 1: "Where are you from, Robert? . .Give me your address Robert and when I say where you're from in the future it means an address. . . OK."

(Inaudible) Friend on phone: "Rodge, Rodge, they have him, Rodge, Rodge. It's recording. Them scumbags are killing him. Rodge."