independent

Sunday 20 April 2014

Compensation of €102,000 for garda assaulted while making an arrest

A GARDA who suffered a "particularly unpleasant" assault when he was kicked and bitten on the leg trying to arrest a man has been awarded a six-figure sum by the High Court.





Garda Michael Guckian, a married father of three stationed at Drumkeerin Station, Leitrim, sued the Minister for Finance under the Garda Siochana (Compensation) Act arising out of the incident on June 7, 2006.



The court heard he and another officer were arresting a man in Manorhamilton, Leitrim, after the man had attempted to head-butt the other garda.



The man elbowed Garda Guckian in the ribs and attempted to punch him in the face but, with the help of a third garda, they managed to handcuff and place the man in a patrol car.



However, the prisoner then kicked Garda Guckian in the left flank and also lunged forward and bit him through his trousers on the left inner thigh. The man also apparently bit his own tongue and started spitting at gardai saying he had hepatitis and HIV, it was claimed.



Garda Guckian was later treated for pain in the left side of his chest, a swelling from the bite on his leg and lower back pain.



Awarding him €102,339, Mr Justice Eamon deValera said it was a very unpleasant assault and while the garda had recovered, he had required surgical intervention for a back injury he sustained in the incident.



The judge noted the Minister for Finance had put up "strong resistance" to the claim as the medical reports in the case had not been agreed.

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