A garda suffered very serious post-traumatic stress after he was threatened by Patrick Gillane, who is serving an eight-year sentence for soliciting two men to murder his wife Philomena, the High Court was told yesterday.
Mr Eamon Melvin (50), of Gort, Co Galway, who resigned last year, has brought a claim under the Garda Compensation Acts.
The case came before Mr Justice Murphy yesterday to decide a preliminary issue relating to whether the garda had been threatened by Patrick Gillane, whether the threat was malicious, and whether it was made against Garda Melvin in his capacity as a garda.
The judge ruled that Gillane had maliciously threatened the life of Garda Melvin during the investigation into the murder of Mrs Gillane, whose body was found in the boot of her car in Athlone railway station six years ago. He also found the threat was against Garda Melvin in his professional capacity.
July 3rd was fixed as the date for the compensation hearing.
Mrs Gillane, who worked in Loughlinstown Hospital, Dublin and who was in the final stages of pregnancy, disappeared on her way to work in May, 1994. Her husband was found guilty at Dublin Circuit Criminal Court in 1997 of soliciting two men to murder her.
In evidence yesterday, Mr John Cahill, of Coole Park, Gort, said Gillane told him four or five times in July 1994 that he would kill Garda Melvin who, Gillane said, was hassling him in connection with the death of his wife.
The court was told that, in May 1995, a detective garda in Gort was attacked and beaten with a baton by Gillane.
Retired Garda Supt John Burke said he believed the threat from Gillane was serious. He had advised Mr Melvin to "tighten up" his personal security and said a gun was issued to him.
The superintendent said Gillane and his brother, Kevin, had later attacked members of Mrs Gillane's family using slashhooks.
Former Garda Melvin agreed that Gillane had apologised some days after threatening him. However, he said, he still feared he would be attacked and killed by Gillane.
Mr Justice Murphy said there was no doubt this was a very serious situation, where Garda Melvin believed an indirect threat had been made against him. It had given rise to real apprehension by Garda Melvin and his superiors.
The apology had exacerbated rather than alleviated the Garda's apprehension, he said.