Former garda seeking €1m damages for 'career-ending injury'

A former garda, allegedly forced to retire as a result of injury, is seeking in the region of €1m special damages from the State, a judge has heard.

Noel Kevane of Rosscarbery, Co Cork, claims he was forced to give up his career job in the force after having been injured in a car chase in May 1999 in which criminals rammed a garda car. He had been stationed in the Bridewell, Cork, at the time.

Barrister Anne Rowland told Ms Justice Mary Irvine, who deals with Garda Compensation claims in the High Court, that Garda Kevane would be seeking in the region of €1m special damages for loss of career earnings.

Ms Rowland said Garda Kevane, if he could show he was forced to retire as a result of post traumatic stress disorder arising from physical injuries he suffered in the ramming, would be entitled to about €1m in special damages on top of any award for pain and suffering.

She said that if the Minister for Justice succeeded in proving his stress disorder, and ultimate retirement from the force in his 30s, was partly or wholly due to a pre-existing degenerative spinal condition he would not be entitled to such a special damages award.

Ms Rowland, appearing for the Minister, told Judge Irvine that the now retired garda’s records revealed that in 1997 he had taken sick leave for two days as a result of certified back pain. She sought discovery of his medical and psychiatric records back to January 1994.

Mr Alan Keating, counsel for Mr Kevane, said the Minister was attempting to trawl his client’s medical history in a bid to prove his eventual retirement from the force in November 2009, 10 years after the ramming, was due to a pre-existing degenerative condition.

Discovery had been refused in the first place because the Minister had sought his medical records dating back to January 1994, 15 years prior to the incident.

Judge Irvine said the Minister in these type of claims was effectively the guardian of the public purse while her role was to mete out justice between the parties.

Very extensive discovery was being sought by the Minister and she felt justice would be met by ordering Mr Kevane to disclose his medical and psychiatric records from January 1996 up to his retirement in November 2009.