A GARDA who was severely kicked by members of a family when he attempted to arrest one of them has been awarded just over €80,000 damages against the State.
Garda Fergal O’Donovan, Fermoy Garda station, Cork, told the High Court yesterday he feared for his life as he dragged himself clear to the partial safety of a Garda van, where the kicking and punching continued.
Ms Justice Mary Irvine said Garda O’Donovan found himself in a life-threatening situation which had resulted in his suffering physical and psychological injuries.
Garda O’Donovan (35) told his counsel, Séamus Woulfe SC, he had been attacked in Bride Valley View, Fairhill Estate, Cork, by the mother, father and brother of a man he attempted to arrest, who had also taken part in the assault.
He had been kicked and punched in every part of his body. His right eye was swollen and closed and there were lumps and bumps all over his face and head. He had been bitten on the back of his skull and afterwards suffered pain in his head, shoulders, back, groin and legs.
Garda O’Donovan, who had been stationed in Gurranebraher Garda station, Cork, at the time, said he had been treated in the Mercy Hospital, Cork, before being referred to his family doctor.
He had suffered headaches, nausea, bruising and post traumatic stress disorder which led to nightmares and flashbacks.
Judge Irvine said there had been a threat to kill Garda O’Donovan while he was on the ground. He had been struck with a plank and he felt at one stage he would be killed.
“He managed to crawl away from what had become an almost riot situation but was repeatedly attacked and suffered very significant physical and psychological injuries. It was a life-threatening event,” the judge said.
Garda O’Donovan, who was awarded €25,000 compensation last year in connection with a car ramming incident, was yesterday awarded €70,000 damages for pain and suffering in relation to the assault plus €10,000 for pain and suffering in the future.