Garda awarded €80k for injuries

A retired Garda who suffered excruciating pain after being repeatedly kicked in the testicles by a man he was trying to arrest has been awarded almost €80,000 compensation in the High Court.

Mr Justice Bernard Barton said Joseph Treacy, who lives in Co Tipperary, was seeking compensation in relation to three separate incidents.

Judge Barton said Mr Treacy had been the victim of three violent assaults between 2004 and 2007.

Mr Treacy, who was stationed in Cashel at the time, told the court that, on one occasion, he had so much blood and saliva spat on him by a man he had been trying to arrest that his uniform had to be burned.

In November 2007, he was kicked in the testicles when he arrested a man who stole a car from a woman after threatening her with a knife.

He and a colleague had struggled to arrest the man, who was dangerous and on a “binge of heroin injections”. As he dragged him up the patrol car he was repeatedly kicked between his legs.

Mr Treacy, a father of two, told his counsel, Aidan Walsh, that he felt immediate excruciating pain. The man then kicked him in his face, back, and right shoulder, and threatened to kill him and his family.

Mr Treacy was off work for more than a year following the incident, then returned to light duties. He claimed he suffered post-traumatic stress disorder and retired two years ago as he did not feel mentally fit to go back to full duty.

Mr Treacy also suffered injuries in 2004 after he was kicked and punched in his face and body.

The State alleged Mr Treacy’s injuries had been exacerbated by a pre-existing degenerative condition. It also claimed he had retired on a purely voluntary basis once he had reached 30 years of service with An Garda Síochána.

Judge Barton said he accepted the State’s position regarding Mr Treacy’s retirement. He awarded him €60,000 damages for his injuries, and €19,822 regarding his fees and expenses.