A FORMER garda sergeant has been awarded €33,000 damages in a defamation case he took against a leading member of the Corrib gas protest.
James Gill claimed north Mayo fisherman Pat O’Donnell, known locally as The Chief, accused him, within earshot of protesters and gardaí, of stealing diesel and smuggling tyres, during a protest at Ballinaboy on November 3rd, 2006.
Mr Gill, who was station sergeant at Bangor Erris, north Mayo, policed the controversial protest over a number of years. He retired early last month after almost 34 years in the force.
Judge Margaret Heneghan told Castlebar Circuit Court yesterday: “I am told all the plaintiff wanted was an apology, but it was not forthcoming. I am satisfied that these words were spoken by Pat O’Donnell and were intended to mean that Mr Gill was dishonest.”
She said she was awarding part of the settlement as aggravated damages because of the manner in which the defence was taken.
During the hearing on Wednesday last, Mr Gill told the court: “It was a difficult enough job to police the Corrib gas protests. There was a huge credibility issue if people thought I was a smuggler and a thief.” He said he felt his reputation, and that of his family, had been sullied, and that he was jeered at during subsequent protests.
His counsel, Seamus Ruane, argued Mr O’Donnell’s remarks were made to intimate the sergeant was “a thief and a smuggler” and to disparage him. Mr Ruane said the incident had exacerbated his client’s gastric condition and caused him psychological distress.
Mr O’Donnell denies the allegation and confirmed afterwards he has instructed his counsel to appeal the case to the High Court. Mr Gill declined to make any comment to The Irish Times.
Mr O’Donnell said during evidence he was referring to diesel for his boats that had been stolen from a pier in 1997 or 1998. He said he had not directed these remarks, or others, directly at Mr Gill.
“It was annoying me that there were up to 200 gardaí at the protest policing for Shell, and I said something about ‘working for Shell when you can’t police the community’,” Mr O’Donnell said.
Leo Mulrooney, counsel for the defence, argued there were “significant discrepancies between what Mr Gill says and [what was heard on] the Garda videotape”. Garda witnesses had corroborated the uttering of the offending words to the court.
Mr Mulrooney said the retired garda’s claim he was suffering from post-traumatic stress and his gastric condition had been exacerbated by the incident was “far-fetched”. He noted Mr Gill had attended his GP since 2000 for the gastric condition.