Two Garda detectives involved in the capture of triplekiller Brendan O'Donnell are to be paid undisclosed amounts in compensation by the State, the High Court was told yesterday.
As part of the settlement both detectives have withdrawn any allegation of wrongdoing by Garda management or members of the team investigating the killings by O'Donnell.
Mr Justice Budd also recommended that the Garda Commissioner consider reopening the issue of awarding Scott Medals for bravery to both gardai. The court heard the detectives had previously rejected bravery commendations.
Det Garda James Breen and Det Garda Pat O'Donnell had alleged they suffered post-traumatic stress disorder in the aftermath of O'Donnell's capture on May 7th, 1994, and sued the Minister for Finance.
O'Donnell (22) was captured after he had kidnapped a schoolgirl, Ms Fiona Sampson of Woodlands, Whitegate, Co Clare, and hijacked the car of farmer Edward Cleary (74), of Loughrea.
O'Donnell was subsequently found guilty by a jury at the Central Criminal Court of having murdered Ms Imelda Riney, her son Liam (3) and Father Joseph Walsh of Eyrecourt, Co Galway. He died while being held in the Central Mental Hospital. O'Donnell was captured after Mr Cleary made a three-point turn on the road between Woodford and Scariff, Co Clare. Gardai had earlier blocked the road with patrol cars.
Both detectives claimed compensation for alleged trauma arising from the incident and subsequent events.
When the action, which had been partly heard on three days in March and April, came before Mr Justice Budd yesterday afternoon, Mr Jack FitzGerald SC, for the two gardai, said the claim had been disposed of and the court could make an order striking out the case.
Both sides had agreed that a joint statement be read in court. The statement said the State acknowledged that Det Garda Breen and Det Garda O'Donnell had played a central role in the capture and disarming of Brendan O'Donnell in most dangerous circumstances, and in the safe release of those held by him.
"They acted with courage and professionalism in the very best traditions of the Garda Siochana and in doing so brought distinction to themselves and to the force as a whole," it added. Both gardai also acknowledged the "major contribution" of their colleagues, particularly from the Galway division.
"In so far as difficulties or misunderstandings may have arisen in the aftermath of this very successful Garda operation, any allegation of wrongdoing on the part of Garda management or members of the investigation team is fully withdrawn," the statement said. It added that the amounts of compensation to be paid to both men were confidential.
When opening the case last March, Mr FitzGerald alleged efforts were made by Garda superiors of both his clients to deprive them of their right to tell the truth about what happened on the day of O'Donnell's arrest, and attempts had been made to change the truth of what happened.
They had not been called as witnesses in the trial of O'Donnell and when the scene of the capture was revisited by gardai a week after O'Donnell's arrest, a dispute broke out as to who was involved in the violence which led to O'Donnell's disarming, counsel said. Both his clients had turned down first-class bravery commendations for the capture.
On April 3rd last, Mr George Birmingham SC, for the Minister, said what was being said on the plaintiffs' behalf had caused considerable distress to other gardai involved in the case.
Yesterday, Mr Justice Budd said that in light of the settlement between the parties the only order the court should make was on costs. The settlement was between the parties and was not the subject of a court order.
The judge suggested that the Garda Commissioner, Mr Pat Byrne, or another appropriate person or body should reopen the matter of Scott medals for bravery. He was at a loss to understand why medals had not been awarded in this case.
The judge also praised Ms Samspon, now a staff nurse at Limerick Regional Hospital. He described her evidence to the hearing, seven years after the abduction, as a model of clarity and conscientiousness. Her conduct on the day of her abduction showed good sense and immense courage, he said.