Garda who was kicked in the groin gets €80k
Published 14/07/2015 | 02:30
A retired garda, who suffered excruciating pain after being repeatedly kicked in the testicles by a man he was trying to arrest, has been awarded almost €80,000 compensation in the High Court.
Joseph Treacy, who lives in Co Tipperary, was seeking compensation in relation to three separate incidents between 2004 and 2007.
Mr Justice Bernard Barton outlined that the garda had told the court that on one occasion, he had so much blood and saliva spat on him by another man that his uniform had to be burned.
Mr Treacy, who was stationed in Cashel Garda Station at the time, had said that in November 2007, he was kicked in his testicles when he arrested a man who had stolen a car.
He and a colleague had struggled to arrest the man, who was dangerous and on a "binge of heroin injections".
As he dragged and lifted him up to the patrol car he had been repeatedly kicked between his legs and in his groin.
The court heard that Mr Treacy had been off work for more than a year following the incident and had returned to light duties.
Judge Barton heard that the day before the kicking incident, Treacy and a colleague had tried to arrest another man, who was also very high on drugs and had been involved in a scuffle in Cahir, Co Tipperary, when he suddenly spat blood in his eyes nose and mouth.
Mr Walsh said Mr Treacy carried on with his duties that night but the court heard his face, jacket and shirt had been saturated with blood which he washed off his face on returning to Cashel Garda Station. His wife had been so shocked that she had his uniform burned.
Mr Treacy claimed he had also suffered injuries in 2004 after he was kicked and punched in his face and body. He sued the Minister for Finance for damages.
The State alleged Treacy's injuries had been exacerbated by a pre-existing degenerative condition. It also claimed he had retired on a purely voluntary basis once he had reached 30 years of service.
The judge awarded him €60,000 damages for his injuries, and €19,822 regarding his fees and expenses, a total of €79,822.