Merrigan v Min for Justice

• Jurisdiction: Ireland
• Judge: Mr. Justice Geoghegan
• Judgment Date: 28 January 1998
• Neutral Citation: [1998] IEHC 11
• Docket Number: No. 387 J.R./1996
• Court: High Court
• Date: 28 January 1998

[1998] IEHC 11

THE HIGH COURT

No. 387 J.R./1996

MERRIGAN v. MIN FOR JUSTICE

JUDICIAL REVIEW

BETWEEN

LAURENCE MERRIGAN

APPLICANT

AND

THE MINISTER FOR JUSTICE

RESPONDENT

Citations:

GARDA SIOCHANA (COMPENSATION) ACT 1941 S6

GARDA SIOCHANA ACT 1945

GARDA SIOCHANA (COMPENSATION) ACT 1941 S6(1)

MCGEE V MIN FOR FINANCE 1996 3 IR 234

Synopsis

Garda Siochana

Judicial review; Garda compensation; natural and constitutional justice; irrationality; Garda application for leave to apply to High Court for compensation for injuries; Minister for Justice to grant leave if of opinion that injuries non-minor; refusal of leave without considering applicant's medical reports; whether injuries non-minor; whether refusal of leave in breach of natural and constitutional justice; whether refusal of leave irrational; s. 6(1) Garda Siochana Compensation Act, 1941 Held: Certiorari granted; injuries non-minor; refusal of leave irrational and in breach of natural and constitutional justice( High Court: Geoghegan J. 28/01/1998)

Merrigan v. Minister for Justice

1 Mr. Justice Geoghegandelivered the 28th day of January, 1998

2 This is an application brought pursuant to leave granted by Mr. Justice Barron on the 9th December, 1996 for Judicial Review in respect of the refusal of the Respondent to authorise the Applicant to apply to the High Court for compensation pursuant to the Garda Siochana (Compensation) Act, 1941. Specifically what is sought is an Order of Certiorari quashing the refusal decision, a declaration that the Applicant is entitled to make an application to the High Court for compensation or alternatively an Order of Mandamus compelling the Respondent to authorise the Applicant to apply to the High Court for compensation pursuant to the Garda Siochana (Compensation) Acts, 1941and 1945and for a declaration that it is ultra vires the powers of the Respondent to refuse to authorise the Applicant to apply for compensation and alternatively for an injunction compelling the Respondent to authorise such application.

3 The Applicant in this case ??? member of the Garda Siochana and he applied to the Minister for Justice under Section 6 of the Garda Siochana (Compensation) Act, 1941for compensation under the Act in respect of an injury maliciously inflicted upon him in the course of his duty. To understand the nature of the dispute with the Minister it is important that I should cite in full paragraph (b) of subsection (1) of Section 6 of the 1941 Act. The paragraph reads as follows:-

"(b) If the application is in respect of injuries not causing death, then-"

(i) in case the Minister is of opinion that such injuries are of a minor character and were sustained in the course of the performance of a duty not involving special risk, the Minister shall refuse theapplication,

(ii) in case the Minister is of opinion that, although such injuries are of a minor character, they were sustained in the course of the performance of a duty involving special risk and that a sum not exceeding one hundred pounds would be adequate compensation therefor, the Minister may, with the consent of the Minister for Finance, pay the applicant such sum not exceeding one hundred pounds as he thinksproper,

(iii) in any other case, the Minister shall authorise the applicant to apply to the High Court in accordance with this Act for suchcompensation."

4 In this case five years after the application was made the Minister finally ruled that the injuries were of a minor character and that they were not sustained in the course of the performance of a duty involving special risk and accordingly refused the application.

5 The relevant correspondence commenced with a letter from the Solicitors for the Applicant to the Secretary of the Department of Justice dated the 16th October, 1991. That letter enclosed the application form for compensation and gave personal particulars regarding the Applicant's identity. In response to that letter, the Department wrote a letter of the 18th November, 1991 and signed by "A. O'Shea" acknowledging receipt of the application but going on to make what, in my view, was a very appropriate request. The relevant paragraph read asfollows:-

"It would be appreciated if a copy of the medical report from the doctor who treated your client at the time of the injury and any other relevant medical reports were forwarded direct to Compensation Section, Garda Headquarters, Phoenix Park, Dublin 8."

6 By a letter of the 8th December, 1992 the Solicitors for the Applicant sent forward to the Garda Surgeon a medical report from Dr. Aidan Ward dated 5th November, 1992. There was then a long delay in arranging any examination by the Garda Surgeon and a reminder letter was written on the 18th May, 1994. As that did not elicit a reply, a letter of the 9th December, 1994 was written to the Secretary of the Department of Justice requesting that the issue of the authorisation be expedited. What might be described as a holding letter was written by the Department on the 12th January, 1995 and when nothing happened, a further reminder was sent to the Department by letter of the 8th March, 1995. That did elicit a replyof the 22nd March, 1995 but again only of a holding nature. A further strong request was made to have the matter expedited in a letter to the Secretary of the Department dated the 19th October, 1995. There followed a letter of reply from the Department on the 25th October, 1995 which was somewhat more detailed than earlier letters but which again could only be described as a holding letter. Finally, a letter of the 12th November, 1996 was written by Hughes Murphy & Co., Solicitors for the Applicant to the Secretary of the Department of Justice in the following terms:-

"Re: An Garda Siochana (Compensation) Acts, 1941and 1945Garda Larry Merrigan, No. 13964E - Incident 29th September,1991."

7 Dear Sirs,

8 We refer to the application of Garda Peter Mulryan (sic.) for compensation under the above mentioned Acts of the Oireachtas in respect of injuries sustained by him while in the course of duty on the 29th September, 1991. It is now well in excess of five years since the date of Garda Merrigan's application for compensation was submitted to the Department of Justice.

9 Garda Merrigan sustained severe personal injuries causing him great discomfort. Furthermore, he has endured considerable financial loss due to resulting periods of absence from work. The injuries to our client have caused great stress to himself, his wife and his family. Our client has complied fully with all procedural matters pertaining to this application. This application was made well within the three month period allowed from the date of the incident.

10 He has presented himself for all medical examinations, when requested, including an examination before the Garda Surgeon.

11 This firm of Solicitors have written to the Department of Justice seeking the issuing of Authorisation on the 9th December, 1994. No firm indication was given in any replying letter as to when an Authorisation might issue.

12 In view of the fact that the incident occurred over five years ago and that the procedure under the above...