Garda shot in the leg by his own gun sues the State

The garda told the court he is still in pain and he lost a lot of muscle mass in his leg and he will have to build his leg back up again. File picture

A garda who was shot in the leg when his sub machine gun discharged, after it is claimed it snagged on his bullet proof vest, has sued the State in the High Court.

He has brought an action against the Garda Commissioner, the Minister for Justice and the Attorney General.

The garda’s ankle was shattered after he claimed he was required to manoeuvre himself within the confined space of a patrol vehicle when the safety selector switch and the trigger of his firearm were caused to snag on his bullet proof vest and the gun discharged one round.

In evidence, the garda told the court he never experienced pain like it and he nearly passed out.

In the proceedings, it is claimed that there was a failure to provide him with a safe place of work and he had been caused to carry his firearm in close proximity in a confined space while wearing allegedly inappropriate personal protective equipment.

Ms Justice Denise Brett ruled that the garda or any garda witness in the case cannot be identified.

His counsel, Liam Reidy SC instructed by Brigid O’Donnell, solicitor, told the court that liability was admitted in the case but initially there was a full denial of liability and allegations of contributory negligence were made against the garda that he had been the author of his own misfortune. This, counsel said, was distressing for the garda and he could not believe it.

In his evidence, the garda who was in the force over 15 years at the time of the incident said he had in July 2019 been on patrol with colleagues in an area where there had been serious incidents, including shootings.

He said he was the driver of the jeep and he was wearing a bullet proof vest and had a pistol in a holster and a sub machine gun in a sling around his neck pointing down. He said he turned around to check the back seat when his sub machine gun discharged.

“I felt immediate excruciating pain and I saw smoke from the weapon and blood squirting up to the seat,” he said.

He added: 

The pain really kicked in; it was so bad, I nearly passed out. I never experienced that type of pain.

He said his colleague made his weapons safe and he was brought to hospital. “The ankle was shattered. I remember the doctor saying my leg was a mush before I went into surgery,” he told the judge.

The bullet had gone through the back of his left leg and ankle joint and his left ankle had shattered. He had to have surgery and later physiotherapy and he was out of work for 18 months after the incident.

The garda told the court he did everything he could to build up his leg afterwards “but the pain never really left”. He had further surgery to the ankle in January this year and he told the court he is still in pain and he lost a lot of muscle mass in his leg and he will have to build his leg back up again.

The garda told the judge he did everything in accordance with procedures in relation to the handling of his firearm, and he prided himself in relation to safety with firearms. He said he was devastated when the claims of contributory negligence were initially made by the State parties.

The case before Ms Justice Denise Brett continues on Thursday.