Garda marksman loses claim for Uzi gun fall injury

A CRACK Garda marksman has lost a €38,000 damages claim against the state for injuries he suffered while honing his gun skills at a remote mountainous shooting range.

Detective Garda David Kelly, a member of the Special Detective Unit, injured his back when he fell on his Uzi sub-machine gun which had been slung across his shoulder, the Circuit Civil Court heard yesterday.

But Det Gda Kelly won €23,500 damages in a second claim, also heard yesterday, against taximan Peter Kavanagh, Ratoath Road, Cabra, Dublin, for injuries he suffered when Kavanagh’s taxi collided with the unmarked Garda car in which he was a passenger.

Barrister David Burke, counsel for Det Gda Kelly, told Circuit Court President, Mr Justice Matthew Deery, that in the March 2005 shooting range incident the detective had slipped on wet railway sleepers placed across a ditch on the Kilbride, Co Wicklow army range to cross a ditch.

Det Gda Kelly, 42, from Johnstown Wood, Navan, Co Meath, said that having fired the sub-machine gun he was walking from the firing line to pick up a hand gun and ammunition when he fell.

He said the force of his fall had broken the Uzi which, to his knowledge had never been fired again. At the time he had not made an issue of his fall as he had felt embarrassed and continued hand gun practice.

When cross-examined by Andrew Walker, counsel for the State Claims Agency, Det Gda Kelly said he could not recall firearms instructor Sergeant Peter Nolan warning shooters to avoid the wet sleepers and use an alternative route.

He agreed with Mr Walker following his fall he had scored a 95% target hit from 25 yards with the handgun and had finished top of the Garda group.

Det Gda Kelly also told Mr Walker he had knelt, discharged the weapon, reloaded it and had stood up, ready to fire from shoulder level, all in three seconds and after his fall.

Sgt Nolan told the court Det Garda Kelly was a top shot.

Standard firearms and area safety protocol had been complied with before shooting commenced, including specific reference by him to the potential danger of the railway sleepers.

Circuit Court President, Mr Justice Matthew Deery said weather and ground conditions were wet and he was satisfied Sgt Nolan had given an extensive briefing.

Having heard both cases in tandem to determine if his injuries overlapped, the judge said Det Gda Kelly had failed to establish negligence against the state and dismissed his claim, awarding costs to the state.

He held in Det Gda Kelly’s favour in the motor accident claim and awarded him €23,441 damages against Kavanagh in relation to injuries to his left ankle and knee as well as his back and neck.