The High Court awarded €57,730 in compensation to an anonymised Garda who suffered physical and psychological injuries in an assault while on duty in Galway. The court found that psychological effects continued and concluded, on the balance of probabilities, that she would make a full recovery with further treatment.
The judgment, delivered by Mr Justice Bernard J. Barton on 17 April 2018, concerns an application under the Garda Síochána (Compensation) Acts 1941 and 1945. The applicant was on patrol with a colleague when they responded to a reported disturbance at Innishannagh Park, Westside, Galway. As officers arranged to remove a van that had no insurance disc displayed, a man who had remained at the scene intervened. The judgment says he punched the colleague, then assaulted the applicant by lifting her bodily and striking her arm.
The applicant gave evidence of shock, distress and lasting feelings of violation. Her psychiatrist diagnosed post-traumatic stress syndrome, with symptoms including anxiety, insomnia, flashbacks and strain on her marriage. A psychiatrist instructed by the respondent broadly shared that assessment. Although an earlier report described substantial recovery and a good prognosis, the judge found the applicant’s symptoms had not resolved. After her evidence in court made the extent of her distress apparent, the application was adjourned by agreement for further psychiatric assessments.
The later reports described continuing fear, flashbacks and difficulty sustaining a normal marital relationship. The applicant received medication and further psychotherapy, with a positive response. The judge accepted both psychiatrists’ evidence and found that she was likely to make a full recovery with the recommended additional treatment, though this could take time.
The parties had agreed pecuniary losses of €1,730. The court added €1,000 for future psychotherapy, making pecuniary losses of €2,730. It awarded €40,000 for pain and suffering to date and €15,000 for future pain and suffering. The total order was €57,730. The judgment described the physical injuries as minor by comparison with the psychological effects and said she recovered from them relatively quickly.