The High Court yesterday awarded £52,198 damages to a garda for loss of earnings, distress and upset. He had remained unlawfully suspended from duty for four years.
The President of the High Court, Mr Justice Morris, noted this was the fourth time that Garda Herbert Patrick McGrath, of Shannon Road, Mountrath, Co Laois, had found it necessary to institute High Court proceedings.
He said Garda McGrath had now brought claims alleging that, were it not for his suspension, he would have earned pay for overtime and had also missed an opportunity in 1988 to buy his house for £16,000. He also submitted a claim for damages.
He said while he had no doubt that the garda's suspension became unlawful because of time lapse, he was also satisfied that Garda McGrath was entitled to seek reliefs for the established negligence of the State.
There was a failure on the part of the Commissioner, or those to whom he had delegated the function of performing appropriate duties, to carry them out with reasonable care.
Mr Justice Morris said had Garda McGrath not been under unlawful suspension he would have worked rostered duties over nights, weekends and public holidays, and received premium payments. He awarded Garda McGrath £12,198 in that respect.
He rejected Garda McGrath's claim that he lost a chance to acquire a house but awarded him an additional £40,000 for stress, anxiety and disruption to his life.