A retired garda who suffered serious post-traumatic stress following threats by Patrick Gillane, who is serving an eight-year sentence for soliciting two men to murder his wife, was awarded £305,298 compensation at the High Court yesterday.
Mr Eamon Melvin (50), Gort, Co Galway, resigned from the Garda Siochana a year ago. He brought his claim under the Garda Compensation Acts. It arose out of the murder of Ms Philomena Gillane, whose body was found in the boot of her car at Athlone railway station six years ago.
Ms Gillane, who worked in Loughlinstown Hospital, Co Dublin, and who was in the final stages of pregnancy, disappeared while on her way to work in May 1994. Her husband was found guilty at the Dublin Circuit Criminal Court in 1997 of soliciting two men to murder her.
A previous High Court hearing last May was told that Gillane had made threats to kill Mr Melvin in July 1994 because the garda was allegedly "hassling him" in connection with the death of his wife.
Dr Michael Corry said Mr Melvin had presented in July 1995 as being anxious, frightened, paranoid and seriously worried about his well-being. He feared he would be murdered.
There had been a lot of "spooky stuff" at the time with cars pulling up outside the house at night and telephones not being answered. "The effects of the threats on him were catastrophic. He was absolutely terrified he would be attacked and lived in fear 24 hours a day. This man was exploding with fear," Dr Corry said.
He had seen no discernible change in Mr Melvin over the past five years. The former garda feared what might happen when Gillane came out of jail and believed he and his family were still in danger. He literally had a "death imprint" in him. If he could be guaranteed that he could be protected from the Gillanes, he could improve and he would become a happier man.
Mr Melvin's wife had not known of the threats until she had read of them in the newspapers a year later when Gillane was applying in the High Court for bail. She received treatment.
Mr Melvin, in evidence, said he was appointed to the murder investigation because of his local knowledge and had trailed some of the suspects. Gillane had got bail in July 1995. At the end of that month Ms Melvin had received anonymous threatening telephone calls. Mr Melvin said his concentration was poor and there were times when he felt terrible. His most serious difficulty was stress and anxiety.
He had been told by his cardiologist that if his heart condition got any worse he would have to have a heart transplant. In cross-examination, he agreed that Gillane had apologised to him.
Mr Justice Kearns said the nature of the threats to Mr Melvin had been despicable and struck at the root of the criminal justice system. He was satisfied, having heard Mr Melvin give evidence and observed Mr Melvin's difficulty in trying to retain self-control, that the threats made in 1994 had lived with him every day of his life since then. They had had a huge and contributory effect on the serious heart condition he suffered in 1995.
The £305,298 includes a sum of £150,000 as specific compensation for distress suffered by Mr Melvin, apart from loss of earnings and other costs.