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A 61-YEAR-OLD retired garda, who feared for his life after being viciously kicked, punched and threatened while on duty, has been awarded €90,500 damages in the High Court.
Former garda Fabian McGowan, who was based at Arklow Garda Station in Co Wicklow, told the court that in November 1999, he was about to go home after the end of his shift when he was informed by the station officer that he was needed to give assistance to colleagues on Main Street.
McGowan told his barrister, David Richardson, that he had gone to the scene in his private car with his wife who had been waiting for him outside the station. When they arrived he saw a man shouting abuse at a colleague.
McGowan said he went to the assistance of his colleague. A group of individuals, all related to each other, had been shouting abuse.
They were well-known to the gardaí and he noticed they had consumed a large quantity of alcohol.
When he had arrested one of the men, he was told to “fuck off” and one of the man’s relatives tried to break his grip with a number of blows to his forearm.
Another man had jumped on his back, punching him on the head.
Mr Richardson said one of Mr McGowan’s assailants shouted “I’m going to have you shot McGowan, you bastard.”
Another man had shouted “I know where you live. We’ll burn you out.”
Serious injuries
McGowan had been taken to St Columcille’s Hospital in Loughlinstown, Co Dublin where it was found he had suffered soft-tissue injuries to his head and body.
McGowan, who sued the Minister for Finance, said he felt severe pain in his neck and left arm and, shortly after the incident, started to drop things from his left hand.
He had later needed to undergo surgery for decompression of his spinal cord. He had also suffered Post-Traumatic Stress Disorder symptoms.
He told barrister Anne Rowland, counsel for the State, that his wife, who had driven him to the scene, had witnessed the entire incident and had overheard the threats.
Judge Barton said Mr McGowan had been involved in a dreadful and vicious assault by individuals who had no respect or concern for the safety of gardaí.
The judge said the former garda suffered very severe soft-tissue injuries to his arm and his social and recreational life had been affected.
He awarded him €65,000 damages for his pain and suffering and €25,500 for his expenses, a total of €90,500.
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Travellers
What happened to the “family” members well known to the Gardai? Were they dyed for injuries caused? Did they get time? What happened ?
Sued……
@Alan Cooke: Don’t be ridiculous.
The taxpayer pays for it all..sure aren’t we loaded.
You’d find the family involved haven’t two pennies to rub together…
I feel for the Garda, it’s a rough line of work, especially having to deal with this section of society that is encouraged by our Government to continue living in the filthy, disgusting manner that they do.
I have always said that they get away with murder because the Garda are afraid of them. If a tax payer like myself was to drive for 5 minutes without tax or insurance I’d have squad cars all over me. The people in question are a law unto themselves. It’s not a f*cking culture, it’s not a race, it’s bunch of criminals taking the piss and taking our money.
I’m no right wing xenophobe, I’d take 1000 Syrian refugees over having one more of these f*ckers in our country. Who do you think would contribute more to society?
Break them up for good, stop their benefits, stop giving them ANYTHING and lay the f*cking law down on them once and for all.
Eoin. Every Prison in the country has a population of them. But is it a deterence, No. When members of your family have been continually locked up going back a dozen generations it becomes normal for them. So blaming the Gardai is pointless.
@Eoin Fitzpatrick. Well said. They’re nothing but a blight on Irish society.
@Eoin Fitzpatrick: Well said Eoin. Unfortunately these gutter rats are the one’s that get the most protection and assistance from the state. Our justice system is nothing but a disgrace.
I forgot to mention their Sharia law for women…
I don’t understand why there isn’t an insurance policy to deal with these cases. Surely this would take out the high court and legal fees and save the state thousands.
@john B; The state wouldn’t work that way, but I’m sure they could have settled through mediation without going to court.
John B. Let’s say for argument sake that they were insured through a private insurance company. So being realistic because of the nature of the Job the premiums for each individual Garda average out at €5000 per year. With 13,000 Gardai that equates to €15 Million per year in Premiums. Now ask yourself does the state pay out €15 Million per year in Garda compensation claims? So which is the cheaper option for the tax payer?
Sry that should be €5,000 x 13,000 Gardai = €65 Million in Premiums.
90,000 is a lot and while I am not saving he doesn’t deserve it, it plays into the whole compo and insurance problems in Ireland…
@Paul: The real question is, how much will the people who started and caused the problem have to pay? €0. Can we seriously consider getting a protest going for justice in this country and we get it sorted once and for all.
Not only will the travellers not pay a cent but you will continue to pay their welfare and pay for the house they wrecked and the house currently wrecking
Sounds like people that would say howya boss
Ah cmon, he got involved in a fight with a load of drunken people and was awarded 90k
That sort of thing happens to people every weekend.
He deserved a few bob for the hassle but 90k…
@Stephen Maher: “That sort of thing happens to people every weekend.”
Really? Know a lot of people that get told ‘“I’m going to have you shot McGowan, you b&stard” and “I know where you live. We’ll burn you out.” while doing their job every weekend?
What’s €90K going to do for him with respect to somebody shouting abuse at him? Look your man hit his arm to break free and he received ‘soft tissue damage’. To you and I this is a common day bruise, nothing more. We all know that this is a compo gravy train, for the solicitors, the claimants, the staff employed to process the claims etc. It’s a great excuse for insurance companies to profiteer through increasing premiums also. It’s the modern day equivalent of the army deafness claim debacle some years back. If somebody is seriously hurt due to state negligence then they should receive compensation. I’m struggling to see how the state is negligent in this case where a garda effectively received a bruise. What happened to the colleague? Has he/she also got a claim in?
He needed surgery on his spine after being assaulted doing his job. He has been affected permanently. Its nobodys job to get assaulted. Nurses deal with these vermin regularly too and if one of them suffered the same fate nobody would question compensation. It was also just over 60000 when you take out his fees . Hardly a record payout for someone that has had there life affected
I don’t know any called McGowan but Iv heard people being threatened countless times over the years, and seen hundreds assaulted, witnessed a shooting, saw a girl run over in a hit and run.
Dublin is a lovely place.
@Michael Devlin: spine injury is seperate to this case..90 grand for a bruise?..probably 6 months off work..and he brought his wife to the incident? how much will she get ? cop on ..its a gravy train ..900 queuing up…
@Stephen Maher: THIS HAPPENED IN ARKLOW..YOU KLIPE
Ye I know , and your point is what?
Just waiting for the assh*le comments saying he doesn’t deserve it, that it’s all in the line of duty.
It happened 18 years ago? That’s a disgrace to wait that long.
Youknowhesright
Between the legal profession/judges and the garda they are taking the state for for fools. The self employed at the end of the day are the ones that are picking up the bill..Great little country. 900 cases awaiting trial. It’s a scandal the payouts awarded.
Coz only self employed pay tax etc??????
If u want to become a Garda it has to be Insurance in order to pay compensation payment from taxpayers!
Thosj. And who pays the premiums to the insurance company?
The judges are a joke, and some gardai have no shame.
have your say