A Garda firearms instructor has claimed before the High Court that he was shot and injured during a training exercise involving a simulated bank robbery at the Garda Training College, Templemore, Co Tipperary. He also alleges there was an attempted cover-up of the incident.
The court was told the gun was capable of firing live ammunition and blanks. When blanks were fired, the weapon should be fitted with a firing attachment fixed to the barrel to collect metal fragments. That did not happen and the plaintiff had received a serious gun shot injury.
Garda Cornelius Teehan (46), Dunkerrin, Roscrea, Co Tipperary, was wounded in the right thigh when metal fragments from a blank shot were discharged from a Taurus pistol, Mr Bruce Antoniotti SC, for Garda Teehan, said.
During the simulated "bank robbery", Garda Teehan was the driver of the getaway car while his two colleagues went into the bank and took a hostage, Mr Antoniotti said. The "bank" was being protected by student gardaí, one of whom had grabbed Garda Teehan.
The Taurus pistol which had been on the floor of the car was discharged.
Mr Antoniotti was opening Garda Teehan's action for damages for personal injuries sustained as a result of alleged negligence and breach of duty. His client was seeking aggravated and punitive damages from the defendants - the Minister for Justice, Ireland and the Attorney General - because of the way his complaint had been dealt with by the Garda authorities.
The defendants have rejected the claims and have also pleaded the alleged incident was due to the garda's own negligence and/or breach of duty.
Mr Antoniotti said that on April 14th, 1994, another instructor at the college, Garda Joachim Kelly, was engaged in practical instructions with students and was in possession of the Taurus pistol, a terrorist-type weapon akin to the Kalashnikov rifle or sawn-off shotgun, which should be used for demonstration purposes only.
During the simulated "bank raid", Garda Kelly had been in the driver's seat but had asked Garda Teehan to drive the "robber's" car. When Garda Teehan entered the vehicle, he saw the Taurus pistol on the floor at the driver's seat.
When "apprehended", he heard a loud bang and felt a burning sensation in his right thigh.
Blood was pouring out and the Taurus which had been on the floor was being held by one of the student gardaí.
Mr Antoniotti said Garda Kelly had later apologised to his client and had said it was his fault and had accepted full responsibility for what occurred.
Garda Teehan was later told to treat the incident as a damage-limitation exercise, to take some time off but not to go on sick leave, Mr Antoniotti said. This was the beginning of a Garda cover-up of the incident.
The action resumes on Tuesday.