The High Court has awarded €45,000 in general damages to a garda who was assaulted while off duty in Sligo in January 2006, finding that the attack caused physical injuries and an anxiety disorder. The court concluded that the evidence did not establish post-traumatic stress disorder (PTSD).
The judgment, delivered by Ms Justice Mary Rose Gearty on 31 March 2021, concerned an application under the Garda Síochána (Compensation) Acts. The extent of the psychiatric injury was the only disputed issue. The Minister for Public Expenditure and Reform accepted that the applicant had suffered a medically verifiable psychiatric injury, but the parties’ psychiatrists disagreed over its diagnosis.
The court accepted that the applicant had been repeatedly punched after identifying himself as a garda. He suffered a fractured nose and front tooth, facial bruising and other injuries. He feared he would be killed. The court found the assault was maliciously inflicted because of his membership of An Garda Síochána.
The applicant’s psychiatrist, Dr McCormack, diagnosed PTSD. The respondent’s psychiatrist, Dr Devitt, initially considered the symptoms a psychological reaction to trauma and later diagnosed anxiety disorder, while maintaining that the evidence did not support PTSD. The court preferred Dr Devitt’s assessment. It found that the original psychiatrist’s notes were sparse, no family member had been asked about the applicant’s symptoms at the time, and later accounts did not reliably establish the intensity and frequency of symptoms required for a PTSD diagnosis.
The court nevertheless found that the assault caused an adjustment disorder with anxiety. It said the condition would probably have lasted about a year had the recommended counselling been undertaken. The applicant had been advised to seek counselling but did not do so. The court limited compensation for the duration of the psychiatric symptoms on that basis, while stressing that this was not a finding of blame.
The judgment described ongoing effects including avoidance of Sligo, anxiety, intrusive thoughts, disturbed sleep and occasional panic attacks. The applicant’s social life and a relationship were affected, though family support and managing a soccer team helped him cope. Most physical symptoms resolved within weeks or months; a slight nasal deviation remained, and the dental crown was expected to need replacement.
The court awarded €45,000 in general damages to the date of judgment, €3,122.40 in special damages and €1,500 for future dental treatment. The order did not include a separate future general damages award.