A detective garda, who was subjected to a two-year campaign by a man who wrote graffiti in toilets and hospitals alleging the detective was a paedophile, secured €51,0000 compensation at the High Court yesterday.
Richard Keane SC, for Det Garda Dominic Hearns, said graffiti was also written in the lavatory of the hospital where his client's wife worked. A man subsequently pleaded guilty to the offences after he was caught in a surveillance operation and he was sentenced to 18 months' imprisonment.
Det Hearns brought proceedings for compensation under the Garda Compensation Acts. When the case came before Mr Justice Vivian Lavan yesterday, counsel for the State sought clarification on the issue of whether there was malice in the case and said this issue was for the judge to decide. When ruling there was malice, the judge added it was unfortunate that it had taken 10 years for the Det Garda's situation to be recognised by the force.
Det Hearns, stationed at Dún Laoghaire, told the court that from around July 1994 he became aware he was the victim of a campaign of graffiti of an extremely abusive, sexually explicit and offensive nature. The graffiti was extremely defamatory and was completely unfounded and motivated by malice on the part of its author.
Det Hearns said he had previously known this man and the graffiti began after he had warned the man about making bogus 999 calls to the Garda. He had also received about 10 abusive phone calls and heard people sniggering about the allegations.
An obscene letter making allegations of child abuse was sent by the convicted man to a third party purporting to be from Det Hearns, and seeking €5,000 if a case was not to be proceeded with.
As a result of this forged letter, Det Hearns suffered personal injury, mental distress, loss and damage, the court was told. He received psychiatric treatment arising out of the incidents and was diagnosed as suffering from "stress reaction" and depression. He had difficulty sleeping and his relationships were affected. Det Hearns said he still had problems with sleeping, did not enjoy his work and did not feel he has support from the force. He would like to retire from the Garda, he said.