A former garda who reluctantly retired from the force because of injuries he suffered when assaulted while working, has been awarded almost €200,000 in damages in the High Court.
Mr Justice Bernard Barton said Peter Maguire was on duty in a patrol car with a colleague in September 2005 at Owenabue car park, Carrigaline, Co Cork, when he noticed a man roaring, shouting and making abusive gestures at them.
The judge said Mr Maguire, who sued the Minister for Finance under a Garda Compensation claim, decided to arrest the man for public order offences but he resisted his arrest and assaulted both officers.
The assailant hit Mr Maguire several times on his chest before throwing him against the patrol car and then to the ground where the struggle continued.
The judge said it took three gardaí to arrest the man who was later brought to Togher Garda station where he threatened Mr Maguire. The assailant was later charged with several public order offences to which he pleaded guilty.
The judge said Mr Maguire felt general soreness, exhaustion and pain in his back, right hip and leg the next morning. The pain worsened in the following days and he went to his GP.
MRI scans revealed a right-sided nerve root in his lumbar spine was “markedly swollen” and he had a disc injury.
Mr Maguire had not recovered from his back pain which affected his work and family life. He had to give up his hobby of deep-sea fishing and later developed psychiatric injuries including low self-esteem, anxiety and low mood.
‘Reluctant’ retirement
He needed to take time off work several times until his “reluctant” retirement on medical grounds in 2011 at the age of 53.
In his judgment, Mr Justice Barton said the State had argued that Mr Maguire could have continued working on office-based administrative duties. It also claimed he had not suffered any psychiatric disorder.
The judge said he was satisfied Mr Maguire suffered an adjustment disorder and that a combination of his ongoing physical symptoms and the diminution in his psychological wellbeing had led to his retirement.
“The court accepts that it was entirely reasonable in the interests of his health that he should seek to retire from the force and that he did so by reason of his continuing injuries,” he said.
The judge said he was satisfied that Mr Maguire’s intention was to retire at the age of 60. He had not retired after completing 30 years of service in 2008 despite his ongoing symptoms.
Awarding him €195,000 compensation, the judge said he was not satisfied that Mr Maguire’s injuries were such as to render him incapable of working.
“My impression from observing him and listening to his evidence is that he has come to terms with and has settled into his retirement with psychological benefits,” the judge said.