Two gardaí responding to an urgent call were killed when the patrol car in which they were travelling went out of control due to a faulty gearbox, a court was told yesterday in a civil case brought by the family of one of the deceased officers.
The High Court was told Garda Séamus McIntyre (29) and Garda George Rice (45) were killed when their patrol car went out of control at the North Ring Road in Cork city on April 22nd, 2001, as they were responding to a call for assistance.
The problem with the patrol car's gearbox was highlighted by Jim O'Driscoll SC when he gave details of the settlement which had been agreed between the late Garda McIntyre's father, Patrick McIntyre,against An Garda Síochána and others.
"The car went out of control due to a faulty gearbox. The garda had received no training in dealing with the car in an emergency situation," Mr O'Driscoll said, while seeking court approval for the settlement order for the sum of €75,000 for mental distress plus costs.
Mr O'Driscoll described the damages offered as "over generous" and in excess of what his client had hoped to get, given the deceased had been in the course of his employment when the accident occurred.
He again recorded the fact the gearbox in the patrol car had been faulty on the day in question and noted the lack of training the "unfortunate man" had in dealing with an emergency.
Alice Fawsitt, for An Garda Síochána and others said her clients had made the offer of settlement without any admission of liability and Ms Justice Mary Finlay Geoghegan said her order would record the settlement offer of €75,000 plus costs without admission of liability.
Solicitor for the McIntyre family, Philip Coffey, told the court he had been a friend and colleague of the late Séamus McIntyre and knew the family. He said they were unified in their approach to the case and the dispersal of the settlement.
Ms Justice Finlay Geoghegan expressed her sympathies to the McIntyre family and made an order that €31,150 be given to each of the parents of Séamus McIntyre, Patrick (PJ) and Mamie, and that his brother, Pádraic and sister, Geraldine, be paid the sum of €6,350.
Garda McIntyre who was engaged to be married and Garda Rice, a married father of three, were responding to a call for urgent assistance to a burglary in the Blarney area when their marked patrol car went out of control.
The patrol car was travelling along the North Ring Road shortly after 5am when it collided with a hackney taxi cab travelling in the opposite direction and the two gardaí were killed on impact.
