A soldier who gave evidence that his wife and family were ridiculed when he showed difficulty with his hearing and who said it was suggested by others that, because he was a soldier, he was faking a hearing disability, has been awarded more than £20,000 damages for noise-induced deafness and tinnitus by the High Court.
Pte John Cremins (45), of Kileely, Co Limerick, enlisted in the Defence Forces in 1973 and is still a serving soldier. He took proceedings against the Minister for Defence, Ireland and the Attorney General. Mr Justice O'Donovan delivered his reserved judgment in the case yesterday.
Despite variations in the results of hearing tests to which Pte Cremins was subjected, the judge said he was satisfied that the soldier was an honest person and did not deliberately attempt to falsify any of the results.
The judge was also satisfied that, with the exception of exposure to gunfire, Pte Cremins had never engaged in activity which involved exposure to excessive noise. Neither had he suffered any illness which might have had a detrimental effect on his hearing.
It was common case that Pte Cremins had been exposed to the noise of gunfire from a variety of weaponry, including heavy artillery. But, although that noise was excessive, he had not been provided with adequate protection for his hearing.
In evidence, Pte Cremins said he became aware of problems with his hearing in early 1993 and thought at first that it might be due to wax in his ears. The following year he complained of tinnitus and this condition had deteriorated to a situation where he now experienced ringing noises in his ears four to six times daily, mostly at night.
Pte Cremins said that his wife and family were ridiculed when he showed difficulty with his hearing in the company of others. It was suggested by other people that, because he was a soldier, he was faking a hearing disability, he said.