A GARDA who claims he has been unable to resume his duties since he was assaulted almost two years ago yesterday failed in his High Court attempt to have his full pay restored.
The Garda authorities, who are contesting the garda's claim for compensation, are alleging that the injuries were due to the wilful default or negligence of the garda himself.
Garda Joseph Leahy (43), of Clonmel, Co Tipperary, had applied to the court for an injunction to have his full pay restored and his application for compensation under the Statutory Garda Compensation Scheme certified by the Minister for Justice.
Mr Justice McCracken said he did not think he should grant such a mandatory injunction. If it was found that Garda Leahy was not entitled to compensation, it was unlikely that he would be able to repay the money.
The judge said it was still open to the garda in the course of applying for a judicial review to seek interlocutory relief.
In an affidavit, Garda Leahy said he had been a member of the Garda since 1973 and had received two commendations for his help in solving crime. He was at present in Killenaule Garda station in Tipperary and had been since 1993.
On March 1st, 1995, he was driving a marked patrol car from Killenaule Garda station in the direction of Killeens, Ballinulty. He noticed a red car parked on the right-hand side of the road with its boot open.
He left his car to investigate the vehicle. It was snowing and dark. As he approached the car he was attacked and received a ferocious" blow to the left side of his head and face. He fell to the ground. He was dizzy and remembered little until he was brought by ambulance to Our Lady's Hospital, Cashel. He was detained in the intensive care unit of the hospital for two days.
Garda Leahy said he continued to suffer from severe headaches and had difficulty in sleeping as a result of his injuries. He continued to suffer from flashbacks and anxiety attacks. He had suffered a complete loss of self- confidence and had been unable to return to work.
He had been in receipt of full pay up to March 1st, 1996, and understood that he would be retained on half pay provided medical certificates produced by him continued to indicate that there was a reasonable probability that he would be able to resume duty.