Courts / Kildare / Report

Garda's mental health injuries sustained in line of duty, contempt action against commissioner struck out

Summary

High Court proceedings alleging that Garda Commissioner Drew Harris was in contempt of a court order regarding the assessment of Detective Garda Aidan Bracken's mental health injuries have been struck out as part of a settlement. The matter was resolved before Mr Justice Charles Meenan, who welcomed the agreement. As part of the settlement, it was agreed that the court can make an order stating that Detective Bracken be classified as having sustained his injuries while carrying out his duties, commencing from July 2015. Various costs orders were also made in the detective's favour. The contempt action arose after the Commissioner's lawyers opposed a motion claiming failure to comply with a previous order requiring a fair assessment by the Chief Medical Officer. Detective Bracken, who worked in the Co Kildare Division, claims his work resulted in several gang members being convicted and jailed, leading to serious threats to his life and a diagnosis of PTSD. He had previously brought four sets of proceedings against the Commissioner, all resolved in his favour. In a related action resolved last August, the court quashed a decision classifying his injuries as an ordinary illness and ordered a fresh assessment. Represented by John Kennedy SC, Rory Kennedy BL, and solicitor Eoin Powderly, the detective expressed thanks to the court. Aillil O'Reilly SC, for the Commissioner, confirmed the orders could be made on consent, including striking out the contempt proceedings.

Who, what, where, when and why

What: Report matter: Garda's mental health injuries sustained in line of duty, contempt action against commissioner struck out. Procedural stage: sentence

When:

• July 2015 Hearing Or Sentence
• 2021-11-29 Publication

Case subjects

Places mentioned

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Stage Sentence

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Read the original CNI report