A retired garda yesterday withdrew his High Court claim for compensation for an assault against him which he alleged had occurred on a Co Tipperary road five years ago. The State had claimed that the alleged assault was a "set up" and a fraud devised to claim compensation and avoid transfer to a garda station at Tallaght, Co Dublin.
Retired Garda Joseph Leahy (57), who had been stationed in Killenaule, Co Tipperary, was not in court when his counsel, Mr Tom Creed SC, withdrew the application for compensation under the Garda Compensation Acts. Mr Justice McKechnie, on the application of Mr George Birmingham SC, for the State, made an order dismissing the claim.
When the case opened on Tuesday Mr Justice McKechnie was told that Garda Leahy alleged he had been hit on the head on a road near Ballinulty when he left his patrol car to investigate a parked car on March 1st 1995.
A Garda superintendent had submitted a report questioning why Garda Leahy had been on the snow-covered road that night and had stated that there had been no sign of bruises or cuts.
Mr Creed, in his opening address, had said it appeared that before the incident the superintendent had been investigating an allegation that Garda Leahy had been associating with a married woman. The complaint had been made by the woman's husband.
There was evidence, said Mr Creed, that a Ms Sarah Dunne Cleary had been a former partner of Garda Leahy and that the gardai had disapproved of his association with the married woman at a time when Ms Dunne had been in hospital. The married woman was now the partner of Garda Leahy.
Mr Creed had also said that another superintendent had reported that Ms Dunne and a brother of Garda Leahy had claimed that in January 1995 - three months before the alleged assault - Garda Leahy had visited his brother's shop and had said that if there was an accident during the course of his duties, or if he was assaulted, that would end the transfer.
Mr Birmingham said that the State's defence was based on information that Garda Leahy had told people before the alleged incident that it was going to occur.
Garda Leahy, in his evidence, denied that the conversation with Ms Dunne and his brother took place. When he went to investigate the parked car he said he got a "slap" on the head and did not remember anything except being put into an ambulance.