The High Court awarded Detective Garda Daniel Treacy €40,000 in general damages for a fractured finger sustained when a detainee struck his left hand, along with €1,143.87 in special damages under the Garda Compensation Scheme.
Mr Justice Tony O’Connor delivered the ex tempore judgment on 4 February 2019. He assessed €32,500 for pain and suffering to date and €7,500 for future pain and suffering. The judgment said some of the special damages would have to be repaid to Mr Treacy’s health indemnifier or insurer. The judge described the total award as subject to correction by counsel.
The injury occurred on 1 November 2011 while the detainee was being photographed and fingerprinted. The judgment said the detainee became violent and struck Mr Treacy’s left hand. A hospital initially treated the injured finger by strapping it to the adjacent finger. X-rays three days later showed a fracture at the base of the middle phalanx of his left middle finger, and his hand was placed in a splint.
The fracture had healed by March 2012, but the judgment described continuing effects: the finger was angled, the hand appeared misaligned, and Mr Treacy could not fully clench his fingers together. He told the court he lacked confidence in the finger’s strength and that it remained constantly cold, with persistent throbbing sensation. He was off work for several weeks and then assigned potentially less confrontational duties for several months.
The judge said the parties’ counsel broadly agreed the injury was a moderate fracture with continuing and future effects. He considered the Book of Quantum and personal injury decisions, and said damages under the Garda scheme should be proportionate and should not exceed the scheme’s €450,000 cap. He rejected using average earnings as a factor in assessing general damages, saying that would require statutory intervention and that no evidence of Mr Treacy’s earnings had been provided.
The judgment notes that the scheme does not provide for an appeal. It does not describe a separate finding on liability; the court’s determination was an award of damages in the scheme application.