The High Court yesterday quashed a decision by the Minister for Justice that a former garda received only minor injuries during an incident at Dublin Airport eight years ago and was not entitled to apply for compensation.
Mr Justice Geoghegan referred the matter back to the Minister.
Mr Laurence Merrigan (58), of Castleknock View, Laurel Lodge, Castleknock, Dublin, said he injured his right arm and wrist when a Libyan national to whom he was handcuffed went berserk while being deported.
He applied for compensation under the Garda Siochana (Compensation) Act 1941.
Mr Justice Geoghegan said the Minister ought to refuse to authorise proceedings in a case where there had been a complete recovery within weeks with no medically explicable adverse effects. But Mr Merrigan's injury "on any fair appraisal" could not be regarded as minor.
Mr Merrigan said he and three other gardai were escorting three Libyans to Amsterdam. At the airport a woman threw herself at the man handcuffed to Mr Merrigan. The man went "completely berserk" and had to be restrained with the help of airport policemen. Mr Merrigan said the pain was so severe the handcuffs had to be removed. On the aircraft, the Libyan tried to kick out a window and was taken off and detained.
Mr Merrigan said he wanted to get medical attention but the aircraft captain would not allow the other two Libyans on board unless accompanied by all four gardai. Mr Merrigan said he received medical attention when he arrived in Amsterdam.
Five years after Mr Merrigan applied for compensation, the Minister finally refused his application. Reports from Mr Merrigan's doctors were furnished to the Department but the Minister relied only on the report of the Garda surgeon. The judge said that even on the basis of the Garda surgeon's report, it was difficult to see how the Minister could have decided the injuries were minor in character within the meaning of the 1941 Act, given that Mr Merrigan was still suffering 4 1/2 years later.
He also decided that the Minister should consider medical reports from both sides before giving a decision.