An unemployed van driver who sued Arbour Hill prisoner and protected witness Charles Bowden over a shooting four years ago has been awarded £120,000 damages and costs at the High Court. Mr Martin Foley (45), Cashel Avenue, Crumlin, Dublin, said he was in pain and petrified during the incident in February, 1996. He told Mr Justice Kinlen yesterday he had been shot in two other incidents, neither of which was related to the action before the court. He was shot in the arm and stomach in December 1995 and was again shot some months ago when coming out of a swimming pool in Terenure, Dublin. There was no appearance for Bowden in court. Mr Ronnie Robbins SC, for Mr Foley, said Bowden (who gave evidence in the Veronica Guerin murder trial) had been advised the case was on. He added that the action was to assess damages only.
It was submitted as part of the claim that during proceedings in the Special Criminal Court last year against Dublin criminal Brian Meehan, Bowden admitted that he had provided the weapon used to carry out the attack on Mr Foley in 1996 and that he had given instructions to an unidentified assailant as to how to carry out the attack.
Mr Justice Kinlen said people were determined to kill Mr Foley and had made three attempts on his life. It was a compliment to the gardai that the assailants were behind bars. Mr Justice Kinlen said society here compared with the notorious society of New York and Chicago of the 1930s. People could not go about their business because others were going around attempting assassinations.
In the absence of an appearance, judgment had been given against Bowden in the High Court in December 1999. Mr Foley's main injury was his nervous condition, which was perfectly understandable. In addition to the finger injury, a bullet had entered his back and exited through his abdomen, damaging his lung.
Opening the action, Mr Robbins said that on February 1st, 1996, Mr Foley was reversing his car out of his driveway when he was approached by two masked men who got out of a car and at tempted to kill him. He reversed his car down the road and threw himself across the passenger seat.
One bullet struck the top of his right ring finger, a portion of which had to be amputated. It was a terrifying experience for Mr Foley. He had to run through a nearby house to escape but was shot again when he was on a flat roof of the building.
Mr Robbins said Mr Foley suffered post-traumatic stress disorder. He was afraid when he was out and he had to be hyper-vigilant. If he heard a car or motorcycle passing, he became agitated. The shooting had led to matrimonial difficulties which had now been largely resolved.
The bullet which had entered Mr Foley's back had gone through his body. Physically, he had made a good recovery.
Mr Foley said when he was reversing his car out of his driveway, a Honda Civic was blocking off half the road. Two men wearing balaclavas jumped out. One man had a machine-gun and the other a handgun. One fired a number of shots through the windscreen of his car. There were seven or eight puncture marks in the car. One bullet struck the top of his finger.
Mr Foley said he jumped out of the car and climbed over a wall. He ran in through the back door of a neighbour's house. More bullets came through the door, which was kicked open and he was pursued upstairs. He jumped through a window and landed on a kitchenette roof. He was in St James's Hospital for about three weeks. It was months before the pain began to ease. He was nervous and upset and afraid to leave home. He developed panic attacks. He always tried to get home before dark. He went to a GP and a psychiatrist and learned to do relaxation techniques. He suffered nightmares and had flashbacks. He made several appointments for counselling which he did not keep. He started to do relaxation exercises himself.
Mr Foley said he had matrimonial problems after the shooting. He felt ashamed at the way he was carrying on. The situation had improved, and most of the people involved in the other shootings were now behind bars.
Dr Peter Fahy, a consultant psychiatrist, said he saw Mr Foley earlier this year, who referred to the incident at Terenure College. He was suffering considerable post-traumatic stress disorder and had significant depression. If he had treatment and psychotherapy, he would be doing well to be clear of his condition in 12 months.
Asked by the judge what the position would be if somebody else took a shot at Mr Foley, Dr Fahy said it would have a serious exacerbating effect and seriously raise his anxiety levels.
Dr Charles O'Malley, general practitioner, said a bullet from the first attack had been left in Mr Foley's body because it was considered it would be more dangerous to remove it.
Ms Pauline Foley, in evidence, said that after her husband's shooting they had a lot of problems. She feared there might be another attack and had to lock the doors. Her husband's relationship with her was affected and they started rowing, but now things had improved.