Harrington v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 30 July 1946
• Date: 30 July 1946
• Court: High Court

Harrington v. Minister for Finance.

In re THE GÁRDA gárda SÍOCHÁNA síochána (COMPENSATION) ACT, 1941, EILEEN HARRINGTON, MARGARET MARY HARRINGTON, an infant, DAVID HARRINGTON,an infant, ALICIA HARRINGTON, an infant, and ANNE HARRINGTON, an infant, all said infants suing by the said EILEEN HARRINGTON,their mother and next friend

Plaintiffs

and

THE MINISTER FOR FINANCE

Defendant.

Malicious injury - Compensation - Member of Gárda Síochána murdered - Claim for compensation by dependants under Gárda Síochána (Compensation) Act, 1941 - Murdered man on duty - Whether injuries inflicted in the performance of his duties - Onus of proof - Gárda Síochána (Compensation) Act, 1941 (No. 19 of 1941), s. 2, sub-s. 1 (a).

Summary Summons.

The plaintiffs claimed for awards of compensation to each of them under the provisions of the Gárda Síochána (Compensation) Act, 1941, in respect of the death on 17th April, 1944, of Guard Denis Harrington, who died from injuries inflicted on him on the said date by Guard James Lynch.

Guard Denis Harrington was the husband of the plaintiff, Eileen Harrington, and the father of the infant plaintiffs, and all the plaintiffs were totally dependent upon the said Guard Denis Harrington and suffered loss by his death.

In the summary summons the plaintiffs alleged that the fatal injuries were maliciously inflicted on Guard Denis Harrington while he was acting in the performance of his duties as a member of the Gárda Síochána and actually on duty, or, in the alternative, while exercising powers or otherwise acting in his general capacity as a policeman when off duty; or, in the further alternative, while on duty or off duty because of something previously done by him as a member of the Gárda Síochána.

The facts of the case were as follows:—

Guard Denis Harrington and Guard James Lynch were, at the time of Guard Harrington's death, both stationed at the Gárda Síochána Station at Nenagh. On the morning of 17th April, 1944, Guard Harrington was found dead in the storeroom of the said Garda Station with a bullet wound under his left eye. About three yards away was the dead body of Guard Lynch with a bullet wound over the right ear. On the floor close to Guard Lynch's hands was a revolver containing three live and two spent cartridges. It appeared that Guard Lynch had first shot Guard Harrington and had then committed suicide. There was no evidence as to what had immediately led up to the shooting but there was evidence of the existence of private and personal differences between the two men. On the day in question Guard Harrington was acting as Assistant Clerk in the Superintendent's Office and had been seen shortly before the shooting and heard speaking in normal tones to Guard Lynch. It was apparently after this that both men went to the storeroom where the shooting took place. There was no evidence that Guard Harrington's duties on that day...