MORE THAN €30 million has been paid out in compensation and legal fees for psychological distress and other injuries suffered by gardaí during the course of duty over the past two years, new figures show.
The injuries, about 430 in all, range from being spat at, threatened or bitten by animals to being assaulted, stabbed or shot. A further 800 cases are outstanding against the State.
A significant number of cases relate to claims for psychological harm suffered by gardaí over the risk of contracting disease from infected drug addicts.
In recent years, gardaí who underwent tests for HIV or hepatitis – which later turned out to be negative – have typically been awarded between €25,000 and €30,000.
In response to the increase, the High Court this week is due to hold a test case in relation to three incidents where gardaí are claiming compensation over the risk of exposure to disease.
Hepatitis C is considered by medical experts to be a bigger risk factor than HIV for those working regularly with infected persons.
The chances of getting hepatitis C from a needle prick are one in 100 and about one in 100,000 from saliva, according to the US Federal Center for Disease Control and Prevention.
The chances of getting HIV through a needle prick are more remote, about one in 1,000. There are no documented cases of the virus being spread through saliva, according to disease experts.
A breakdown of the compensation figures shows that significant amounts are being paid out by the State on legal costs.
Of the €30 million paid out over the last two years, for example, some €9 million related to legal expenses.
All cases which are authorised to proceed by the Department of Justice are automatically routed through the High Court under the terms of the Garda Compensation Act.
Many gardaí are represented by various personal injury firms which also act for the Garda Representative Association.
Mangan O’Beirne Solicitors – one firm which says it has acted for the Garda Representative Association for many years in pursuing such claims – notes on its website that its “cases can succeed when the injury consists only of nervous shock/post-traumatic stress disorder.”
It also highlights the fact that the “Minister for Finance will pay costs even if a case is lost on the question [of] malice”.
The Department of Justice says it accepts the need for reform of the system and has agreed with relevant Garda associations to replace the current scheme with a compensation tribunal.
This is likely to act in a manner similar to the Criminal Injuries Compensation Scheme.
Among the cases involving psychological distress which were settled last year include:
A garda in Dublin who was awarded €8,000 for physical and psychological suffering last July after being bitten during the arrest of a known drug user. It took six months to get the all-clear.
Another garda who threw herself under a dashboard when a gun was levelled at her in Co Limerick was awarded €30,000 last July. The gun – which turned out to be an imitation firearm – had caused her to suffer sleeplessness and nightmares.
After being injured in a violent struggle and fearing he might contract a disease, a garda was awarded €30,000 during the summer. After an injury to his hand became infected, he underwent blood tests which proved negative. However, he said doubt over the result may have been a factor in the breakdown of his relationship with his fiancée.
In another case, a garda was awarded €25,000 in compensation yesterday when a judge said he was satisfied he had suffered post-traumatic stress after an encounter with a HIV-positive drug addict.