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A 34-YEAR-old garda, who claimed she lost her ambition to become a sergeant because of post-traumatic stress disorder following an assault while on duty, has been awarded €75,000 damages in the High Court.
Garda Claire Sheehan, who suffered a broken nose during the assault, said during a garda compensation hearing that in March 2007 she assisted colleagues in apprehending and escorting a young man, charged with theft, to Bridewell Garda Station in Cork, where she is stationed.
When she saw him putting his hand in the back pocket of his trousers, she became concerned that he may have a weapon and approached him to ask what he was doing, leading him to suddenly punch her in the face.
Garda Sheehan told her barrister, John Lucey SC, that she felt immediate pain in her head and her face, which became swollen.
She was taken to hospital where x-rays revealed a fracture and a deviation of her nose.
Sheehan, who sued the state, said she later underwent rhinoplasty surgery and had needed to wear a cast for a week.
She told Mr Justice Bernard Barton she was very happy with the result.
Flashbacks
Lucey, who appeared with barrister Michael Murray, told the court that following the incident Garda Sheehan, a mother of two, suffered post-traumatic stress disorder which had required therapy.
She said she became hyper-vigilant and irritable, experienced flashbacks of the incident and became nervous when working.
The court heard that before the incident, Garda Sheehan, who was described as a confident and competent member of the force, enjoyed her duties with An Garda Síochána.
She had hoped to become a sergeant but lost her ambition following the attack.
Judge Barton said the anxiety, upset and distress caused by the assault had interfered with her enjoyment of life.
Hearing that Garda Sheehan had ended the therapy because she did not want to become dependent on it, Judge Barton said that, although she had made very good progress, she may need to attend some kind of lighter therapy.
Awarding her €75,000 damages along with her legal costs and wishing her well for her future career, Judge Barton said Garda Sheehan suffered very severe injuries which had a profound effect on her both physically and psychologically.
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The guy who punched her should be liable for the 75k but that’s not likely to happen!!
If she broke his nose she would do time and lose her job, he punches a Garda, breaks her nose and state left with the bill!
If it had been a male garda who was punched in the face I presume the same level of compensation would be on hand for them. Not a bad job to have really, if anything happens you get financially rewarded and all bills paid for. No wonder the crowds flock to become a garda.
Buzz off Allister
There seems to be a rise in these garda cases.. It’s quite alarming but also troubling that the gardai themselves seem to understand the risks that comes with the job.. The state pays for this.. The country struggles with having enough active gardai.. Great for her she gets 75K while the small station down the road gets closed down!
I knew a former soldier who sued the state in an army deafness claim and although there was nothing wrong wit his hearing he was awarded compensation his solicitor then stole €500 from his compensation cheque and the solicitor later became a judge, we’re a crooked wee lot
Any s€um bag who punches a Garda male or female in the face breaking their nose should be given at least a ten year sentence.
By far most people in this country would never even dream of doing such a thing.
The small group of worthless welfare filth think they run the place. It’s time we changed their minds.
If we have to put twenty of them in one cell so what. They deserve it.
Does the thug who assaulted the guard have to pay a penny of this €75,000 award ?
I’d take the broken nose if it meant 75k bonus!
I would take a busted nose two black eyes and a busted jaw no problem for 75 juicy handy grand…….
And that nacker will be a free man now.
75k for getting a punch on the nose? Post traumatic stress? Really?? Occupational hazard love. being a guard generally means dealing with criminals. What did she think she was going to be doing? Checking tax discs all day? The only ambition she has its milking the state.
Well she didn’t see that coming. Anyway even special forces soldiers get PTSD so she is only a girl doing a tough job risking her life while u r sleeping in ur comfy bed. These nackers have no respect for anyone not even their mom’s and sisters. He should be locked up for the rest of his life so others nackers can see and don’t do the same. Respect.
shocking amount
Has she been moved over to a desk job now too?
Absolutely disgraceful. This guard and the judge both. Of course the citizens are paying.
If you got your nose broke by an absolute knacker while working,you’d refuse the compo so John?
Would you believe your actually not supposed to assault police!
Well, I wouldn’t claim i couldn’t start a family over it and it destroyed my ambition/career etc were I a cop. I’d be highly embarrassed to make such a claim as I know my own colleagues wouldn’t consider me a safe bet if a recurring episode were to happen. They’d probably feel obligated to watch out for me instead of doing their own jobs.
She was taking the piss and looking for the max award.;
Wonder did she get this job die to the gender quota in the cops at the time as her age profile fits that period. It crossed my mind.
You’re spot on there pepper. I’d be embarrassed to make a claim over a broken nose. These people run around like little princesses thinking they are untouchable yet when something does happen they are absolutely traumatised about it. I’ve never seen a police force like it. She knew what she signed up for. A lot of people would “lose their ambition” over a lump sum payout like that. I doubt she ever really had any to start with.
Well they can make this good for nothing nacker pay the Gardai her damages. But sure he must be on the dole for generations and generations for the last 1000 years.
The garda is a citizen too who pays her fair share of tax. Your comment is silly really.
Dont get me wrong.that tramp who hit her should foot the bill but hardly fair to get on the gardas back about it
if john’s job was dealing with knackers who would potentially break his nose then maybe he would..
As a matter of fact many cowardly thugs have purposely inflicted broken noses, and more serious injuries, on opponents on GAA and should have been prosecuted. Very poor example indeed, as if players should expect this going on a field to play a manly game.
@ Fran Heavey I would willingly have my nose broken for 75k whether by a knacker or not. Nose broken twice while playing football, didn’t get a penny. Survived. This award is an absolute scandal.
Mark damme made an incomprehensible and utterly witless comment and he gets a rake of green thumbs. I’m beginning to believe that a lot of the readers here don’t possess a mind of their own but check to see which thumb ..red or green.. Is out in front so they just cast their vote in with whichever one is out in the lead I.e monkey see monkey do
Another example of compensation culture gone terribly wrong. If you decide to become a Garda you must accept that you might be exposed to violence at some stage of your career. Crazy.
Taking the complete piss claiming she couldn’t start a family over it and it destroyed her career. 75k is half the price of a house ffs.
It’s not like the damage done was excessive or part of a prolonged attack either. It was a singular punch which broke her nose. She had corrective surgery to repair any potentially permanent damage and all of this was more than likely covered by the state anyway.
Honestly I’d love a sample of whatever it is our judges are taking before entering the courtroom.
Me thinks gender played a role
Even Dempsey and Makepeace took a few slaps. Isn’t there a reasonable expectation of a member of the force getting into a physical altercation? Should you be a guard if you get ptsd after an incident like this. I’m sure they’ll be in more disturbing situations after car crashes and murders.
I don’t understand the red thumbs. Should a soldier be aĺowed to sue for getting shot at? Being a guard means that you have to deal with the dregs of society daily. The pay is the compensation for this. The postman doesn’t get a reward for delivering to a house with a dog. It’s in the job description. I wouldn’t want to deal with criminals and thugs so I chose not to become a guard.
And if the pay isn’t compensation enough, the very generous pension should be.
You mean Cagney and Lacey, I suspect. Dempsey was a bloke. But don’t let facts get in the way of your agenda.
Cagney and Lacey! My mistake. And remember Scarecrow and Mrs. King? My agenda is that I know as a citizen that being a guard can be dangerous. I wouldn’t want to be in danger so I decided not to become a guard. I would have expected to deal with unsavoury and violent people. If she didn’t expect or realise that then she shouldn’t have joined. It’s not just a pay cheque for nothing.
But the pay ISN’T compensation for serious physical injury though, is it? If they were on €100K you might have a ghost of a point. Some junior ones are lucky to make a quarter of that. It’s nobody’s job to be a punchbag for feral criminals.
“The postman doesn’t get a reward for delivering to a house with a dog.” But he will be paid compensation if the dog bites him.
And you’ll find that postmen and soldiers have successfully sued for both of your examples. Getting punched isn’t in the Job description contrary to popular belief. Good luck to her, there’s enough thugs getting money for nothing from government, nice for a working person to benefit
And you’ll find scientia that the vast majority don’t claim at all. In fact, they don’t even moan about it they just get on with it. This was raw opportunism.
@Patrick, I red thumbed you because you assume you know in advance that you will suffer from PTSD. By definition you can only know that AFTER the traumatic event.
Your complete lack of even a basic understanding of the cause and mechanism of PTSD diminishes the validity of your comments on this article.
What I meant was why is still a guard if she is so traumatised. The 75000 compensation would be fair if she couldn’t continue with her job. Give her more. But she is still a guard. Now she can’t be put in situations where she might get the same or worse treatment. A call for domestic violence? A robbery? A car chase? A drugs bust? What can she do now? If it costs 75000 in counselling to get her better then she won’t have much time for work anyway. Even at 50 euros per hour, she would need 1500 hours of counselling. At even 3 hours per week it would take her 500 weeks or 10 years to get better. Crazy.
@ scientia : Where do you think the Government gets the money? Answer from us. This award will be paid by us citizens.
Is she not a citizen too?
Who ever hired this guard should be fired. Obviously the woman was not up to the task of being a guard in the first place. Gardai encountering physical confrontation is basic 101 sort of stuff.
I agree!
Ridiculous comment shane… Physical confrontation is one thing, scuffles pushing shoving etc.. This was a vicious assault….
This is standard gardai stuff stop kidding yourself. What use would this garda be if she came across a citizen being assaulted? Maybe she could radio for assistance while observing from a distance.
It’s standard garda stuff to be punched in the face?? I doubt they would agree with you.. I’m sure they would intervene but they shouldn’t expect to be viciously assaulted as a result. It’s unacceptable to harm anyone in this manner, especially a member of our police.. I think you need to stop watching so much tv and come back to real world
It’s standard garda stuff to be involved in some hairy situations, so standard it’s probably written in the initial job description she submitted.
Do they get to submit their own job description?
Give it over, if I worked as a drain cleaner I expect to step in shite!
If your job is to protect the public and there’s a member of the public in need of immediate help, do I sit in the police vehicle waiting for the riot squad to appear? Or go do my job and possibly receive a dig in the face for rescuing those I signed up to protect?
Or do I go in, get a slap and sue the taxpayer… nice new car and a holiday to make up for getting a smack!
I don’t indeed indulging you Al your a troll…
So basically from the comments gardai should expect to be assaulted. These comments show just how much times have changed. I wouldn’t have dreamed of even looking a garda in the eyes.
Well, the position of frontline law enforcement has always been a dangerous job throughout the years. It has nothing to do with times or expectations changing. They put themselves constantly into potentially dangerous situations to uphold the law and it’s common sense that the risk of physical and emotional damage accompanies the position.
Honestly, it would be like a soldier suing the state because he was shot during a peacekeeping operation.
There’s a difference, Jason. Every cop sees fistycuffs on a regular basis. Not every soldier gets shot or shot at. If every cop were to take the stance of this one we’d have the courts full of non-stop Gardai claims.
http://www.irishexaminer.com/ireland/soldiers-sue-state-for-negligence-over-mortar-attack-56387.html
TWO soldiers whose peacekeeping camp in Lebanon came under mortar attack in an incident in which a fellow soldier died are suing the State for damages, claiming post-traumatic stress disorder and other injuries.
I hope their case does not succeed Patlyndo, if it does it sets a terrible precedent.
Jason, with the best will in the world, if you are faced with a traumatic and/or violent event, you can not predict the effect that it will have on you.
Take a bus driver or a taxi man for example, in their work place they are exposed to great risks and it is the case that when people are the victims of a violent assault, it can change your whole life for the worst.
Until you have been in that situation, then I am afraid you have no idea of how devastating it can be.
The vitriol spewed against this member for exercising what is in fact a constitutional right, to claim compensation for a loss that she has suffered, is frankly disgusting.
The vitriol spewed because a Judge determined what award he felt was adequate and almost blame here is shocking.
Being unable to do a job that you once did without blinking an eye and knowing that you are exposed to further attacks on a daily basis is a frightening experience and only manifests after these people are assaulted.
They can here it from colleagues and they can know it may present difficulties, but unless you are in that situation you and others here will never understand.
It was a life changing event for her and do you not think that your father was adversely affected by what happened to him? Whether he claimed or not is not the issue, he had a right to claim – as did this Garda. As to your view on women – misogynist much.
The injury sustained must be maliciously inflicted, not of a minor nature and usually the Garda will have missed in excess of 3 month from work before the case can proceed to the High Court for compensation. A broken nose is not a black eye. Id agree €75k seems excessive but I’d not blame her for taking the case. Her average pay is not compensation enough for a broken nose.
Front line policing is a risky occupation, and a Garda should expect to have a few black eyes during there working lives, dealing with the worst of society carries risks, otherwise find an office job!
So should some other criminal sneak in another punch, will this officer get another €75k award, and so on?
Why should the expect that? Nobody should expect thar, your not supposed to attack them… We should as a society be condemning attacks
It’s fully possible to condemn the attack while also condemning this blatant exploitation of the claim system Mark.
Assaults against law enforcement are completely unacceptable, however it is also undeniable fact that this is an expected part of the job given the dangerous and often emotionally loaded situations a front-line Guard is placed in. They receive training to deal with this as it is a simple fact that these situations can and will occur.
A Guard should never be assaulted, however a front-line law enforcement officer who receives PTSD from a single punch is simply a person who was unfit for the job in the first place.
Even of your right she wasn’t suitable, are you suggesting she knew that before she was viciously assaulted? Or maybe we should assault police officers when they apply to see if they are suitable?? The simple fact is nobody should be viciously assaulted, this wasn’t a couple of digs or a scuffle it was a vicious assault on her person.
That’s what the training is for Mark, to evaluate whether a candidate is suitable for the physical and psychological demands placed upon them during the course of this type of work. Perhaps the quality of training needs to be looked at if people who can’t have children because they were punched once are passing the training courses?
Where does it say she can’t have kids? She is a mum of 2. No where in the training would any person be viciously assaulted either, I don’t anyone would sign up for their job either and expect to be viciously assaulted.. there is no training course for getting your face punched in.. Why wouldn’t she he nervous in future with unprovoked attacks.. When you think about it like a reasonable person rather than an anti police stance it makes sense
Jason, no-one can predict how a traumatic assault or event will present and affect a person. You can’t account for demands on people – because you can not emulate an unprovoked assault.
PTSD isn’t a “choice” it is a medical condition and the criteria attached is pretty high.
PTSD doesn’t only occur when there is one event, ask paramedics, nurses, fire-fighters and any front-line worker who has to deal with situations that are not normal and the human brain simply cannot deal with.
While you may be of the view, sitting safely behind your PC, that “ho can one punch cause PTSD”, I can tell you that you have no idea what you are talking about and the issue is much more complex and not as black and white as you think.
If she was such a confident person and one punch destroyed that confidence she had false confidence. Easy to be confident if you can’t comprehend things going wrong.
Apparently the biggest claiments in the entire state.
How much money do the countless victims of Garda brutality get??
You wouldn’t get 75grand if you were in a fairly bad car crash,I think it’s a bit to much for that sort of injury,at the end of the day there well able to dish it out them selves
Poor little lamb ,a few years off with full pay ,a desk job,and 75 k paid for by the tax payer ,I hope the poor little thing gets over it .
BREAKING NEWS “Garda no longer has ambition to live a cushy life after she has to do her job one evening”.
Meanwhile: Firemen and Paramedics get on with it as usual.
Isn’t that why people join the Gardai? Lack of ambition. I’ll do my set number of years in what is typically a job for life and then sit back on a decent pension in my mid fifties. That’ll do nicely.
Why is the state libel ?
Is this a type of industrial/workplace accident/incident? In most workplaces training is provided for risky tasks. For example , lifting an heavy item, because this is a risky activity, training is provided. If you are injured in the course of your duties , you are entitled to sue your employer, and as far as I know if you had been provided with adequate training by your employer it would weaken your case.
I understand that the Gardai are employed by the state. Im pretty sure they are also provided with training. There are very few details in the article above but surely the defense lawyers examined if procedures and training were followed properly?
We have this weird love/hate attitude with the Gardai , they do difficult jobs that most of us would never want to do , some people unfairly back them no matter what , and others hate them unfairly . One thing is clear to me however, when something smells bad coming from the gardai , most of us just hold our nose.
The state is liable because the injuries are sustained in the course of serving the state.
Garda do a very dangerous job and deal with the dregs of society – so that you lot can sleep safely in your beds and sit behind your computers trolling and insulting them.
You can’t train against violent unprovoked attacks, nor can you tell how you would react, nor can you tell if it would damage that ability to do the job.
You lot are a vile and disrespectful bunch on low lifes and I hope that you never encounter a fraction of what they encounter on a day to day basis and rest assured – if you do then they will be the ones you rely on to assist you.
There is a state funded compensation fund for Gardai injured in the line of duty. But the system is so screwed up that the Garda doesn’t fill and a form and apply, like an insurance claim, but must sue the state to access the fund. Ironically, this was introduced to try an reduce claims and ensure only genuine injuries were claimed for.
@Patlyndo , I wasn’t intending to be insulting , and Im not sure how I was so…
So we will put you in the unconditional support group …
Apologies just reading, some of the comments here are simply disgusting.
Bullshit.
She should have got 750 thousand euros at least.
and a free sergeant’s uniform as well of course.
Not sure if females should be put in this situation.
@ Kirsha Sova; Equality.
So Denise, what criteria led you to conclude that 750,000 was an adequate compensation level for being punched once in the face conducting a job where physical violence is expected?
Her nickname is Sue…
It happened in March 2007—only now before the Court—presume it dosent include any element of cost for her treatment and shewas also given her legal costs. Wonder how much this one case cost the taxpayer.
My son was assaulted all captured on CCTV and not alone was this guy not prosecuted but he was allowed leave the country .My son to date has had 2 operation on his nose which did not work and has had to pay for everything out of his own pocket .Now I am finding it hard to understand why this lady is receiving €75 grand for what must be part of her job .
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