Garda seeks compensation for injured thumb

A Garda who injured his thumb while arresting a person has brought a High Court challenge to the Minister for Justice's refusal of permission to bring a compensation claim.

Today the High Court heard that Garda Oliver Kennedy sustained injuries to his right thumb while effecting the arrest of a suspect, who turned violent, at Elm Park Limerick on April 3, 2008.

During the course of a struggle Garda Kennedy, stationed at Henry Street Garda Station in Limerick was forced to the ground and the suspect landed heavily on top of him.

He suffered injuries to his thumb, and was taken to hospital. Following examination it was discovered that the joint at the base of the thumb was severely sprained, and a plaster was applied to Garda Kennedy's forearm and thumb.

He also suffered lacerations to his right middle and little finger which required stitches.

He remained in plaster for six weeks and was out of work for 53 days, before resuming on light duties.

During that time, his everyday ordinary activities were significantly curtailed. The court also heard that Garda Kennedy continues to suffer intermittently from pain in his right thumb.

In his action against the Minister for justice Garda Kennedy is seeking orders quashing the Minister's refusal of May 30 last to provide him with an authorisation allowing him to apply for compensation under the Garda compensation Acts of 1941 & 1945 for injuries he suffered on April 3, 2008.

He is also seeking declarations that the injuries sustained were non minor in nature and were sustained by the Garda in the performance of his duty involving special risk, and is therefore entitled to apply to the High Court for compensation.

Garda Kennedy is further seeking a declaration that the Minister's refusal is an unlawful interference with his legal and constitutional right of access to the courts.