EUR10,125 award for Garda damage to man's house

A man has been awarded €10,125 for damage caused to a house during a Garda search for arms and explosives 12 years ago.

A man has been awarded €10,125 for damage caused to a house during a Garda search for arms and explosives 12 years ago.

Mr Patrick Murphy, Devin Reilly Terrace, Monaghan, had brought a claim against the Attorney General for damage to floors, ceilings, walls, and furniture as a result of the use by gardaí of jack-hammers and drilling equipment during the search on May 25th, 1992, of another house owned by him at Cormeen, two miles from Monaghan town.

Castleblayney Circuit Court heard the 14-strong search team, led by Det Sgt Joseph Dirwan, who was later to become president of the Association of Garda Sergeants and Inspectors, included members of the Emergency Response Unit from Dublin.

In assessing overall damages at €13,500, Judge Matt Deery allowed a 25 per cent reduction to the State on the basis of depreciation and set the award at €10,125 with costs.

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Mr Murphy claimed that the gardaí forced their way into the premises and used drilling equipment to damage walls, floors, carpeting, ceilings, and furniture, in an effort to locate arms or explosives. He said the interior of the house was "totally wrecked" during the operation, which happened while he was a patient in Navan hospital.

He said damage was also caused to outbuildings during the search, which continued over a day and half.

Det Sgt Dirwan denied gardaí were responsible for some of the damage alleged by Mr Murphy to have been caused to seating, furniture and a fireplace, but he admitted a number of holes were drilled in the floors during the search for arms or explosives.

Mr Murphy said it was the family home, where his late parents had lived. Although he lived in Monaghan town he kept the dwelling and outbuildings in good repair.

While in Navan hospital he discovered the Garda search had taken place. When he came out of hospital and visited the house he found it was "totally wrecked".

Det Sgt Dirwan gave evidence of obtaining a search warrant for the premises. He denied that gardaí had forced the front door in to begin the search. The search unit had its own equipment, he said, including metal detectors, and as a result of "readings", had to use their equipment to drill some holes or lift floorboards.

He said Mr Murphy expressed some annoyance over the search in his absence and claimed it had resulted in his family visiting him at hospital in a distressed state.

Det Sgt Dirwan said the search warrant was issued because it was suspected there was an arms cache at the premises. He denied gardaí had caused damage to all the dry-lining of walls which was claimed or that they damaged any furniture or seating, as alleged.

He admitted the search unit had not undertaken any photography at the house to indicate what damage was caused but he had noted it at the time.