The High Court awarded Sam McNulty €7,500 after finding that a garda trespassed at his home during a visit in August 2009 and, on an earlier visit, opened his fridge without justification. The court also found that the conduct exacerbated a pre-existing anxiety condition for a few weeks. It did not find malicious intent and rejected the negligence claim.
The case concerned incidents on 4 and 19 August 2009 amid serious marital difficulties. McNulty sought damages in trespass, negligence and for breaches of constitutional and European Convention rights. The State defendants argued that the garda’s actions were lawful and reasonable, and that McNulty’s symptoms pre-dated the incidents or arose from his marital circumstances.
In her judgment delivered on 9 November 2016, Ms Justice Baker found that Garda Hartley had no child protection concern or proper cause to visit McNulty’s home on 19 August. She accepted that he initially intended a casual, conciliatory visit, but found that he was not invited in, stayed after it became clear he was unwelcome and used unnecessary, inflammatory language. His presence was unlawful and amounted to trespass and a breach of McNulty’s rights to personal integrity and privacy in his home.
The judge also accepted that Hartley opened the fridge during the 4 August visit without cause. She found this was a technical trespass. She accepted that Hartley’s conduct was intimidating and threatening in effect, while concluding that it was foolish rather than malicious.
The court found that McNulty had pre-existing chronic anxiety and depression, largely connected to his family circumstances. Hartley’s conduct worsened his condition, but the exacerbation was minor and lasted at most a few weeks. The judge also found that McNulty’s demeanour contributed to the heightened atmosphere.
The court awarded €5,000 for trespass and €2,500 for personal injuries arising from the breach of personal rights. It declined exemplary damages, finding the conduct did not reach the required level of outrageousness. No special damages were proved. The judgment records an earlier internal disciplinary finding that Hartley was in breach of discipline and received written advice; a subsequent Garda Síochána Ombudsman Commission review considered that investigation thorough and proportionate and the sanction appropriate.