A GARDA was given leave in the High Court yesterday to challenge the Minister for Justice's refusal to allow him to apply for compensation following an attack in which he claims he suffered serious injuries.
Garda Joseph Leahy, of Killenaule Garda station, Co Tipperary, was given leave by Mr Justice Morris to seek a judicial review of the decision.
Mr John O'Donnell, counsel for Garda Leahy, said his client sought an order quashing the refusal of the Minister to allow him to seek compensation under the terms of the Garda Compensation Act.
He was also seeking an order requesting the Minister to consider the application in accordance with the Act.
He said Garda Leahy claimed that on the night of March 1st, 1995, he was on duty driving a marked patrol car in the direction of Killeens, Ballinulty.
While investigating a suspicious vehicle, he was attacked, receiving a blow to the left side of his head and face. He fell to the ground. He was dizzy and remembered little until he was brought by ambulance to Our Lady's Hospital, Cashel, Co Tipperary.
Garda Leahy was in intensive care for two days. His injuries, which he claimed were extremely serious, were physical injuries to his face and head continuing headaches; difficulty in sleeping; flashbacks and anxiety attacks; utter loss of self confidence; inability to carry on his normal duties.
When Garda Leahy applied to seek compensation, he was examined by a Garda surgeon. However, he was not given a copy of any report which may have been made by the Garda surgeon.
In a letter of September 24th last year, written on behalf of the Minister, it was stated that the Garda surgeon had advised the Minister that the injuries sustained by Garda Leahy were minor and, therefore, under the Act his application was refused.
Mr O'Donnell said they contended the injuries were not minor.
In writing the letter there was no indication that the Garda surgeon had considered five medical reports available to Garda Leahy or that the Minister did.
It was not open to the Minister to ignore other facts in the case. He submitted that Mrs Owen had not the jurisdiction to ignore medical reports.
Mr O'Donnell said the Minister's refusal of Garda Leahy's application for compensation was outside her jurisdiction and constituted a breach of his constitutionally guaranteed right of access to the courts.
It also lacked fairness, so as to constitute a breach of the principles of natural and constitutional justice.