THE HIGH Court has been asked to decide whether the partner of a man shot dead by gardaí during an attempted armed robbery is entitled to sue the State for damages arising from his death.
Gráinne Nic Gibb claims her partner and father of her children, Ronan McLoughlin (28), did not pose a sufficient threat to merit being shot dead during the attempted robbery of a Securicor van at Ashford, Co Wicklow, on May 1st, 1998.
In proceedings against the Minister for Justice and the Attorney General, she alleges negligence and breach of duty of care on grounds including the failure of gardaí to stop the robbery beforehand and to arrest McLoughlin when they knew a robbery was going to take place. The defendants deny the claims.
McLoughlin was shot dead when gardaí opened fire on a gang trying to rob the security van.
From Ballymun, Dublin, he was one of six men involved in the attempted robbery when they posed as county council workers and blocked the main N11 road with a van and car in attempting to rob the Securicor van carrying more than IR£250,000.
The other five were arrested and later jailed for between seven and eight years each.
All five pleaded guilty to having a Kalashnikov assault rifle, a pump action shotgun and a Magnum revolver with intent to commit a robbery at Cullenmore, Ashford.
The court in 1998 heard that gardaí from the Emergency Response Unit and the National Surveillance Unit arrived on the scene almost immediately and confronted the raiders.
One of the raiders hijacked a civilian car and levelled a gun at gardaí, who opened fire, fatally wounding the raider. None of the raiders’ weapons were fired during the incident, the court heard.
At the High Court yesterday, Ms Justice Elizabeth Dunne noted Ms Nic Gibb, as McLoughlin’s next of kin, had initiated proceedings in 1999. Issues over discovery of documents had delayed the case.
The matter was before the judge via an application by the State parties to have a preliminary issue determined as to whether Ms Nic Gibb had a valid cause of action.
The judge adjourned the application for mention for four weeks to allow the State parties file an affidavit outlining the facts they intend to rely on in support of their argument that they owe no duty of care to the deceased or his dependants.
The judge said she would then consider the matter along with any further affidavit Ms Nic Gibb may wish to file.