€175,000 award for garda overturned

THE Supreme Court unanimously yesterday overturned a High Court jury award of €175,000 to a retired garda who claimed he and a separated mother-of-four were wrongfully arrested and detained 14 years ago on suspicion of being members of the IRA.

Retired Garda Joe Walshe, aged 63, of Oaklawn Drive, Dromin, Nenagh, Co Tipperary and Ms Kay Bedford, aged 60, of Sir Harry's Hill, Limerick were found by the High Court to have been unlawfully arrested on September 27, 1991 in Limerick under Section 30 of the Offences Against the State Act and detained for three days on suspicion of IRA membership.

Mr Justice Kearns, in his judgment, said the arrests took place as part of an investigation into "a matter of major concern" to the garda authorities at the time the infiltration of the garda ranks in Limerick by the IRA.

A substantial part of his judgment concerned the requirements sufficient for the arrest of Mr Walshe under Section 30.

He said the State had conceded that a direction by "a superior officer'" on its own was insufficient to ground an arrest.

In the case before the court the direction was given following a lengthy investigation by Detective Inspector Anthony Fennessy into possible infiltration of Limerick's garda ranks by the IRA and the preparation of a C77 briefing document containing highly sensitive information (not prepared by the inspector) including naming Mr Walshe and Ms Bedford as suspected sympathisers with the IRA.

The document was sent to Garda headquarters.

Mr Justice Kearns said he found it difficult to understand how in those particular circumstances the direction to arrest would not provide the basis for, or at least "constitute a considerable makeweight in the formation of a bona fide and reasonable suspicion by Detective Inspector Fennessy."

Both Mr Walshe and Ms Bedford were arrested in Limerick on September 27 1991 under section 30 of the Offences Against the State Act 1939.

Kay Bedford was on friendly terms with Garda Walshe.

Both were brought to Dublin and detained for 40 hours and questioned at the Bridewell garda station before their release.

The pair subsequently brought a claim for damages against the State and in May 2003 a High Court jury awarded €175,000 damages to Mr Walshe and €100,000 to Ms Bedford.

The State appealed the awards and yesterday the Supreme Court upheld the jury award to Ms Bedford but found the arrest of Garda Walshe had been valid and set aside the jury award to him.

Mr Justice Kearns said unfortunately the trial judge did not fully address the importance of the C77 at the trial. It was undeniable that the reason for the arrest was the direction given by the superior officer.

He allowed the State's appeal in the case of Mr Walshe and substituted a finding that the arrest had been valid and lawful. It followed the award to the ex garda must be set aside.

He dismissed the State's appeal against Ms Bedford and said he could not regard the award to her as in any way excessive.