A High Court judge expressed concern about the high costs the taxpayers will have to carry in an Army deafness case which opened before him yesterday, when the Department of Defence legal team admitted liability after the case had opened.
Mr Justice Budd asked Dr John O'Mahony SC, for the plaintiff, Mr James Roche, from Castlepark, Ballincollig, if the admission at that stage meant that the costs of the case would be taxed at full liability rather than as an assessment. He was informed that this would be so if the plaintiff wins.
Mr Roche had to prepare his case on the basis of bringing in all the experts, the judge said, pointing out that as a taxpayer he was concerned.
"Five or six years ago I could understand why such a case would open. Your client was working with mortars and was doing the job required of him where officers say and man goeth. If he was doing it without protection for his ears and there was no admission of liability until this moment, I shudder about the costs which have been accumulated," Mr Justice Budd said in the High Court in Cork.
Dr O'Mahony said Mr Roche, who is still in the Army, was 35 and married with three children. He has been in the Army since 1981, attached to the 1st Field Artillery, Ballincollig. "Unfortunately for Mr Roche, he has got a significant hearing problem caused by gunfire noise," he said.
Dr O'Mahony said the similarity between this case and the Hanley case, which was heard in the High Court in Dublin last week where £50,000 was awarded to the plaintiff, was "quite remarkable". Mr Roche would be slightly worse than Mr Hanley was.
Both plaintiffs were of a similar age and were mortarmen in the Army. Both have hearing losses and both have tinnitus after being exposed to gunfire.
The defence team indicated that liability was admitted and the case was before the court for assessment of damage only.
Dr O'Mahony said Mr Roche's tinnitus was very severe.
Yesterday in the High Court five cases taken against the Minister for Defence were settled out of court with no announcement regarding the amounts awarded. These are believed to have ranged from £5,000 to £20,000 and in a number of them Circuit Court costs were awarded.