Courts / Dublin / Report

Garda seriously injured in vicious burglary challenges compensation refusal

Date
2018-02-05
Stage
Hearing Or Decision
Primary locality
Tallaght
County
Dublin

Summary

Garda Paul Leavy, who was off duty when burglars broke into his father‑in‑law's house in Tallaght on 8 December 2012, sustained serious injuries including stab wounds to his eye, shoulder, hand and chest. He applied for compensation under the Garda Compensation Acts, but the Minister for Justice refused the claim, ruling the injuries were not malicious or reckless. Leavy's lawyers argue the refusal is unreasonable, factually unsustainable and breaches fair procedures. The High Court has been asked to quash the Minister's decision and declare that the Minister and Oireachtas cannot constitutionally deny him access to the courts. Mr Justice Seamus Noonan granted permission ex‑parte, setting a return date for April. The case remains a judicial review challenge to the Minister's refusal.

Who, what, where, when and why

What: Report matter: Garda seriously injured in vicious burglary challenges compensation refusal. Procedural stage: hearing_or_decision

When:

Why: However, his application was refused by the Minister because it was found the injuries sustained by the garda, who was was off duty at the time, were not maliciously or recklessly inflicted. CNI source report

Places mentioned

Secondary Mention
Garda Station
Court Venue
  • High Court

Topics

Burglary Stage Hearing Or Decision

Related court reports

Read the original CNI report

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