A COMPENSATION claim by the widow of a Garda sergeant who was killed in "Snipers' Alley", Sarajevo, last year, was adjourned for a week in the High Court yesterday.
Ms Rosemary Reid (38), of Drumanny, Letterkenny, Co Donegal, had brought a claim under the Garda Compensation Acts on her own behalf and that of her children, Aoife (14), Connor (11) and Eoin (9) arising out of the death of Sgt Paul Reid (39) in Bosnia on May 12th, last year.
The State will ask the court next week to take into account a UN payment and Garda pensions to the widow and each of the three children when deciding compensation.
Sgt Reid, who was stationed at Burnfoot, Co Donegal, and his partner, Garda Philip Carr (35), of Clonmany, Co Donegal, were travelling in a UN jeep when it struck a lamp post. They were the only gardai on UN police duties in Sarajevo at the time and had volunteered three weeks previously.
According to a UN report, the most probable explanation for the incident was that a sniper's bullet struck a front tyre of their jeep, causing it to spin off "Snipers' Alley" and hit the lamp post.
Sgt Reid died and was given a State funeral. Garda Carr was seriously injured and brought to the French Medical Hospital in Sarajevo.
Yesterday, Mr Paul Gilligan SC, for the widow, told Mr Justice Budd that counsel for the State was going to raise the question of whether the court had a duty to take into account the garda pension being paid to Ms Reid and the pensions for each of her children when deciding the amount of compensation.
Mr Feichin McDonagh, counsel for the State, said he would be asking Mr Justice Budd to state a case to the Supreme Court on that aspect of the matter.
Mr Gilligan said there was no dispute about Ms Reid being entitled to compensation. She had received a gratuity of US $66,000 from the UN, was being paid a pension of £8,432 per annum and each child received a pension of £1,687.
Mr Gilligan said that on the wording of the legislation the judge would have no hesitation in finding these sums were not reckonable in making an award.