The Department of Justice has established a committee to assess anomalies in the Garda Siochana compensation system, the High Court was told yesterday. This follows a judgment last year by Mr Justice Carney in which he said the legislation does not apply in the case of a minor injury.
In the High Court yesterday, Mr Justice Barr gave permission to Garda Michael Tyner (42) attached to Crumlin Garda station in Dublin, to seek an order directing the State to consider his case.
Garda Tyner made his application to the Department in May, 1993. He incurred a neck sprain, contusions and abrasions in a struggle on April 12th, 1993.
Mr Paul Gardiner, counsel for Garda Tyner, said his client sought compensation. However, the Minister for Justice had adopted an inflexible policy through deferral of a decision on applications brought under Garda compensation legislation.
In an affidavit, Garda Tyner said the Minister's refusal to arrive at a decision was unreasonable. Mr Gardiner told Mr Justice Barr that a letter received from the Department had stated the Minister had to have regard to the nature of the injury sustained.
Mr Justice Barr said Garda Tyner appeared to be entitled to a decision. He was satisfied there was an issue which entitled the garda to seek a judicial review.