Unlawful arrest costs State €440,000 in legal fees

LEGAL charges for a single action of unlawful arrest cost the State a staggering €440,000, it has emerged.

Awards and settlements in actions taken against the gardaí amounted to just €6,000 of the near €450,000 the State has been forced to pay out so far this year.

The gardaí are currently facing around 750 civil actions alleging assault, unlawful arrest, or other claims of wrongdoing, such as defamation and harassment.

Only a small number appear to be settled every year, according to figures released by the Justice Department. In addition, the vast bulk of any money paid out by the department goes on costs.

Of the €5.5 million spent dealing with actions since 2001, almost €4m went on costs, mostly legal.

The figures were revealed in a Dáil written answer.

A single action of unlawful arrest resulted in costs of €442,000.

One case of unlawful arrest ended in a settlement for just over €6,000, while a court awarded a separate complainant €250.

As of December 31, 2003, there were approximately 750 civil actions taken against members of the Garda Síochána on hand.

A further 127 actions were initiated in 2004 while six assaults, five unlawful arrests and 19 others, were settled or ended with an award being made.

The total cost to the State was just under €950,000, including €600,000 in costs.

Of those initiated last year, there were 40 cases of alleged assault and 26 cases of alleged unlawful arrest.

In the year 2005 to date, 19 actions have been initiated, including alleged assault and unlawful arrests.

In his answer to the Dáil, Justice Minister Michael McDowell said the highest percentage of actions are in relation to assault and unlawful arrest, with the majority of those settled for under €25,500.

Mr McDowell added: “One of the principal aims of the Garda Síochána Bill 2004 is the establishment of a new mechanism for dealing with complaints against members of the Garda Síochána which will secure public confidence and which will address the acknowledged shortcomings in the existing law and procedures on complaints.”

Civil actions against gardaí

750: number of outstanding civil actions.

€450,000: amount the State has been forced to pay out so far this year. Awards and settlements account for just €6,000 of this.

€5.5m: total amount the State paid out following settlements and awards since 2001.

€4m: amount in costs, mostly legal, since 2001.

40: number of actions alleging assault initiated last year.