The Garda Siochana is opposing a garda's claim for compensation for an assault he allegedly received on a country road in Co Tipperary five years ago on the grounds that it was "a set-up". The High Court was also told yesterday that it was a fraud organised to claim compensation and avoid a transfer to a Dublin station.
Mr Tom Creed SC, for now retired Garda Joseph Leahy (57), stationed at Killenaule, Co Tipperary, told Mr Justice McKechnie that a Supt Donoghue had reported that the alleged assault on Garda Leahy took place on March 1st 1995 on a night when snow had fallen. The superintendent had queried why Garda Leahy had been on a road which was not safe for motoring.
The report claimed Garda Leahy alleged he had been hit on the head when he went to investigate a parked car near Ballinulty, but there was no sign of bruising. Supt Donoghue said he failed to see how the garda could have been rendered unconscious.
Mr Creed said it appeared that, prior to the incident, the superintendent had been investigating an allegation that Garda Leahy had been associating with a married woman. The complaint was made by the woman's husband.
There was evidence that a Ms Sarah Dunne Cleary was a former partner of Garda Leahy and the force was taking a dim view of the association with the married woman. The married woman had since left her husband and was now the partner of Garda Leahy.
Mr Creed said a Supt Willie Ryan reported in July 1995 that he had interviewed Ms Sarah Dunne and Mr Patrick Leahy, a brother of Garda Leahy, in January 1995. They alleged Garda Leahy told them he was being transferred to Tallaght station, Dublin, as a result of a complaint by the husband of the married woman. The claim was that the Garda had felt that the relationship with the married woman was inappropriate and that the best thing was to transfer him.
Supt Ryan's report stated that Mr Patrick Leahy ran an agricultural supply business and Ms Sarah Dunne had worked in his shop following Garda Leahy's transfer to Killenaule.
Mr Patrick Leahy and Ms Sarah Dunne had told the superintendent that, in early January 1995, Garda Leahy called to his brother's shop and spoke of the unfairness of the transfer. It was alleged he had said that if he had an accident during the course of his duties, or was assaulted, that would finish the transfer.
Mr Creed said he understood that Ms Sarah Dunne was reported as having said it would be a mad thing to do and would never work. It was also apparently reported that Garda Leahy had said if he got hit on the side of the head he would get compensation and "they" would never prove it.
The evidence would also be that Supt Donoghue interviewed Ms Sarah Dunne and Mr Patrick Leahy in relation to the "affair" with the married woman. Both had made statements, which he had not seen. As he understood it, these statements were instrumental in the transfer having been sought.
Mr George Birmingham SC, for the State, said the defence was based on information that Garda Leahy had told people before the alleged incident, and in some detail, that the incident was going to occur.
Garda Leahy said he was on duty on March 1st 1995. He noted a car parked on a bog road and stopped to investigate. When he got out of the car he saw a shadow. He got a "slap" to the side of his head and did not remember anything else except being put into an ambulance.
The case continues today.