McGee v Minister for Finance

• Jurisdiction: Ireland
• Judge: Carney J.
• Judgment Date: 01 January 1997
• Neutral Citation: 1996 WJSC-HC 1704
• Court: High Court
• Docket Number: [1995 No. 703 Sp],1995 No. 703 Sp
• Date: 01 January 1997

1996 WJSC-HC 1704

THE HIGH COURT

1995 No. 703 Sp

MCGEE v. MIN FINANCE

IN THE MATTER OF THE GÁRDA SÍOCHÁNA (COMPENSATION) ACTS, 1941 AND

1945 AND IN THE MATTER OF AN APPLICATION BY SERGEANT PHELIM

PATRICK McGEE

BETWEEN

PHELIM PATRICK McGEE

PLAINTIFF

AND

THE MINISTER FOR FINANCE

DEFENDANT

Citations:

GARDA SIOCHANA COMPENSATION ACT 1941 S16

GARDA SIOCHANA (COMPENSATION) ACTS 1941 – 1945

GARDA SIOCHANA CONPENSATION ACT 1941 S6(1)(b)

GARDA SIOCHANA COMPENSATION ACT 1941 S6(3)

KEEGAN, STATE V STARDUST COMPENSATION TRIBUNAL 1986 IR 642

GARDA SIOCHANA COMPENSATION ACT 1941 S7(h)

Synopsis:

DAMAGES

Assessment

Garda - Duties - Performance - Injuries - Compensation - Entitlement - Application to High Court for award of compensation - Application authorised by Minister of State - Personal injuries suffered by garda on duty when he was head-butted by prisoner - Minister's authorisation dependent on his opinion of severity of injuries - Whether court bound to accept Minister's opinion - (1995/703 Sp - Carney J. - 19/4/96) - [1996] 3 IR 234 - [1997] 1 ILRM 301

|McGee v. Minister for Finance|

GARDA SIOCHANA

Garda

Duties - Performance - Injuries - Compensation - Entitlement - Application to High Court for award of compensation - Application authorised by Minister of State - Personal injuries suffered by garda on duty when he was head-butted by prisoner - Minister's authorisation dependent on his opinion of severity of injuries - Whether court bound to accept Minister's opinion - Garda Siochana (Compensation) Act, 1941 (No. 19) ss. 4–7 - (1995/703 Sp - Carney J. - 19/4/96) - [1996] 3 IR 234 - [1997] 1 ILRM 301

|McGee v. Minister for Finance|

1 Judgment delivered the 19th day of April, 1996 by Carney J.

2 The Applicant is a Sergeant of An Gárda Síochána stationed at Rathmines in the City of Dublin. On September 8th, 1993 he was the Sergeant on duty at Rathmines Garda Station. He was not assigned to or engaged in a duty to which any special risk attached. He will have been aware on joining An Gárda Síochána that a certain "rough and tumble" attaches to his chosen career.

3 At approximately 8.30 a.m., two prisoners were brought into the station one of whom was intoxicated. Following an incident, this prisoner was placed in a sitting position. He suddenly rose and head-butted the Applicant causing the injuries which have led to this application under the Gárda Síochána Compensation Code.

4 The Applicant's injuries consisted of a nosebleed and associated bruising which cleared completely within a period of two to three weeks. His own doctor's medical report is in the following terms:-

"On 8-9-1993 I examined Sgt. Patrick Magee. He told me that a short time earlier he was assaulted by a male prisoner.

On examination he complained of pain in his nose. He was tender in the bridge of his nose which was swollen and bruised. There was dry blood in his nostrils from a nose bleed caused by the assault.

I prescribed analgesic medication for him.

I again saw Sgt. Magee a few days later. His nose was still painful, tender and bruised. I prescribed continuation of his analgesic medication.

I reviewed him one week and two weeks later. His symptoms gradually settled over this time."

5 The Garda Surgeon reported as follows:-

"Following the incident he was dazed. His nose was bleeding and he was badly bruised. He was seen by Dr. Moloney in the station that morning who felt that there was no evidence to suggest any fracture. Sergeant McGee took no sick leave and his symptoms settled over a period of about three weeks. He has had no problems whatsoever since."

6 The long title of the Gárda Síochána Compensation Act, 1941 is in the following terms:-

"AN ACT TO PROVIDE FOR THE GRANTING OUT OF PUBLIC MONEYS OF COMPENSATION TO DEPENDANTS AND PARTIAL DEPENDANTS OF MEMBERS OF THE GÁRDA SÍOCHÁNA (WHETHER SERVING OR RETIRED) WHO HAVE DIED...