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High Court of Ireland Decisions
You are here: BAILII >> Databases >> High Court of Ireland Decisions >> Mullins, Re [2000] IEHC 51 (14th April, 2000)
URL: http://www.bailii.org/ie/cases/IEHC/2000/51.html
Cite as: [2000] IEHC 51

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Mullins, Re [2000] IEHC 51 (14th April, 2000)

THE HIGH COURT
1999 No. 460 Sp
IN THE MATTER OF THE GARDA COMPENSATION ACTS 1941-1945
MICHAEL MULLINS
APPLICANT

JUDGMENT of Mr Justice Roderick Murphy delivered the 14th day of April, 2000

1. By Special Summons dated 2nd November, 1999, as amended by Order of the Master of the High Court dated 1st December, 1999 the Applicant claims that, as a member of An Garda Siochana, he suffered severe injury, loss and damage when assaulted in the course of his duties on the 5th July, 1993.

2. On the 15th day of September, 1999 he secured the authorisation of the Minister for Justice, Equality and Law Reform in respect of his application for compensation under the Garda Siochana (Compensation) Act, 1941-1945.

3. On the 23rd day of August, 1993 he applied for compensation in respect of these personal injuries. The Applicant refers to a protracted delay in securing that authorisation in his grounding affidavit. He exhibits correspondence from the 20th July, 1999 which refers to earlier correspondence, to considerable surprise that the Minister had not granted permission to proceed and threatens to judicially review the Minister to comply with his obligations.

4. It is clear that the statute of limitations is not an issue in this application.

5. On the day in question Garda Mullins was informed of an assault in Mayfield, Cork and that that complainant feared for his safety and that of his girlfriend and child.

6. Later on the same day, while on motorcycle patrol, he called on the complainant who informed him that he had seen the alleged assailant and her friend and two other persons go into a flat opposite his residence. On his return to the Garda Station he informed the Sergeant of the situation and was instructed by the Sergeant to inform the task force car to request them to patrol the area.

7. Subsequently, he was asked to go to the same area where there was an allegation of a handbag being snatched. On his arrival he heard loud shouting and screaming coming from the complainant's residence. He was unable to make contact with Garda control on the handset, the radio set had been removed from the motorcycle for repair. He asked an employee of the licensed premises where the handbag had allegedly been snatched to contact the Gardai and went directly to the complainant's place of residence.

8. The suspect and her friend ran towards him saying they were going to kill the complainant and his friend. Garda Mullins caught hold of the suspect's arm, was kicked violently. He arrested her. A second woman caught hold of his helmet and pulled his head down. He fell from a grass bank on which he was standing and hit the ground jerking his head violently to the right while the suspect pressed down on his left arm and shoulder. He felt as if he was suffocating and feared for his life. Both women continued to punch and kick him until assistance arrived.

9. On his return to the Garda Station he felt dizzy and had a severe pain in his neck and shoulder and vomited. He contacted a GP and was driven to his surgery. He was in intensive pain and had no movement in his neck. He received medication and was taken home.

10. His injuries were as follows:


(1) Injury to his head, neck, back and arm;
(2) Severe post traumatic stress syndrome, causing deep depression and suicidal impulses, requiring medication and other psychiatric treatment for ongoing panic attacks, mood swings and loss of confidence;
(3) Distress to his wife and children;
(4) Incapacity to engage in sporting activities.

11. As a result of these injuries the Applicant claims loss of earnings, medical costs, travelling costs, bank interest charges and miscellaneous costs.

12. Medical reports;

13. Dr Edmond Donovan who had seen the Applicant on the day of the incident stated in his report dated the 17th September, 1993 that Garda Mullins "suffered rather severe and frightening injuries in the assault as described above. He has also developed a post traumatic stress syndrome as manifested by his aggravation, afraid to be by himself, feelings of being unreal and panic-like attacks. These symptoms never manifested themselves before as long as I know him over the past ten years. He should stay out of work for the present time".

14. On the 12th April, 1994 Dr Donovan stated that the Applicant continued to have a post traumatic stress syndrome i.e. sudden panic attacks, nightmares, sweating, feelings of unreality, irritability, unable to cope either socially or domestically. In his opinion Garda Mullins still suffered from soft tissue symptoms of his neck, left shoulder and left upper limb together with post traumatic disorder. He believed that his soft tissue injury trauma had resolved about 60% on his original injury. However, his post traumatic stress syndrome, while not as severe as before, was still very much in evidence clinically. He was not fit for work.

15. Over the next year Dr Donovan confirms that the Applicant continued to see Dr Dave Broderick. He was also referred to Dr Hugh Herrington, a Neurologist, and had a CAT scan of his brain on the 8th December, 1994 which proved normal.

16. In his report of the 21st April, 1995 Dr Donovan states that he would have anticipated full return to work but for the ongoing symptoms. His inability to return to work was causing him a lost of concern and lack of self confidence.

17. The consultant psychiatrist, Dr David Broderick, to whom Garda Mullins had been referred, reported after three visits that Garda Mullins had a vivid recollection of the assaults when he felt isolated and felt that his life was in danger. He also had reoccurrences of his phobic anxiety and post traumatic headaches. Dr Broderick believed that he was then only fit for office duties in the police station and that he was not fit to drive a police motorcycle for the foreseeable future. The prognosis was guarded.

18. Dr Broderick's report of the 9th January, 1996 stated that the remaining symptoms could lessen significantly in approximately eighteen months time from that date. Later that year, on the 9th December, 1996, he was of the opinion that while Garda Mullins had suffered from PTSS which was initially severe it was responding to treatment. He believed that Garda Mullins remaining mild anxiety symptoms should clear up in the near future leaving no permanent psychological disability. Dr Donovan's report of the 13th April, 1997 concurred in that Garda Mullins had made a fully recovery from his original injury although his progress had been slow due to the severity of his ongoing symptoms which have eventually resolved. His prognosis was that Garda Mullins would not have any more problems in the future. Since November 1997 he had been at full time work. Dr Donovan anticipated, at that time, that Garda Mullins would not have any adverse sequelae to this unfortunate incident.

19. The final report of the 23r July, 1999 from Dr Donovan found that while there was some mid-thoracic discomfort in his vertical column, all movements of his neck, thoracic and lumbar spine were normal and that he had no neurological deficit in either of his upper or lower limbs. These were confirmed by x-ray. In his opinion Garda Mullins had made a relatively good recovery. He was now back at full time duties as Garda. He had some residual symptoms which would resolve with the passage of time.

20. Garda Mullins was examined by Dr Graeme McDonald MRCPsych at the Depot Hospital, Garda Headquarters on the 25th March, 1999. Dr McDonald was of the opinion that Garda Mullins recovered from the post traumatic stress disorder (PTSD) within one to two years of the assault but that he continued symptoms of anxiety beyond this. His anxiety at the medical examination was a marker of an increased predisposition to anxiety symptoms. That personality type was, in the opinion of Dr McDonald, likely to have predisposed him to a slower recover that might otherwise have been the case.

21. Dr McDonald's report concludes as follows:


"(Garda Mullins) continues to suffer from specific anxiety symptoms related to the circumstances of his assault and from generalised anxiety of a level which probably predated the assault. He is not now suffering from any direct psychological consequences of the assault and none further are expected."

22. The Garda Surgeon's medical report of the 24th May, 1999 classified the incident as serious. Garda Mullins sustained, as a result of the attack, in the opinion of the Garda Surgeon "A classical constellation of symptoms associated with post traumatic stress disorder." The Garda Surgeon further stated:-

"This condition caused him severe psychological trauma, and adversely impacted on his quality of life for the ensuing two years. While his attendant physician is of the opinion that the duration of his symptoms from his post traumatic stress disorder is longer than two years, it would be Dr Graham McDonald, Consultant Psychiatrist's opinion that he had recovered from his post traumatic stress disorder within a period of two years, and that the residual anxiety which Garda Mullins continued to experience was primarily a particular trait of his personality which was present before experiencing the above traumatic event".

23. The Garda Surgeon classified the injuries as serious in that:


"1. Garda Mullins sustained a severe brutal assault at the hands of his assailant. This gave rise to severe pain and discomfiture by way of the injuries sustained to his neck, muscles and ligaments, and those of his left arm and left leg;
2. He also experienced a post traumatic stress disorder for a period of two years which he has now recovered from;
3. His injuries will not impact adversely on his capabilities to carry out his duties as a member of An Garda Siochana;
4. His injuries will impair to a minor degree on the quality of life for the next four to five years, for reason of him not being able to continue in the sporting activities mentioned;
5. He will not have any permanent disability as a result of the injuries sustained;
6. In the long term his injuries will give rise to no permanent disability or sequelae.

Evidence was given by Mrs Catherine Mullins, the wife of the Applicant. She described her husband as not being himself after the incident and had to take him everywhere. He suffered a panic attack in a supermarket and told her that he would like to go into the river.
From July, 1993 to date his mood was erratic and he was tired. He was still moody, unpredictable and tires and is not as confident as he used to be.
Evidence was given of bank borrowings and of interest over the period amounting to the sum claimed in the Special Summons herein.
Further evidence was given, at the adjourned hearing of the 13th March, 2000, of agreed special damages in the sum of £6,011.39 to include loss of earnings of £4,652. Physiotherapy and psychiatric consultations amounted to £870, £520 of which was paid in December, 1999.
Garda Mullins' periods of absence totalled approximately fourteen months, six months of which followed the incident in July, 1993. A two month absence from March to May, 1994 was followed by twenty four shorter absences diminishing from 1994 to 1999.
The issues in this case which are still outstanding would seem to me to be principally to be:
1. To what extent Garda Mullins had a predisposition to anxiety which lengthened the period of recovery from the post traumatic stress disorder he clearly suffered as a result of an unwarranted and savage attack;
2. Whether the claim for interest on his overdrawn is within the scheme of Sections 8 and 10 of the 1941 Garda Compensation Act.

In respect of the first issue the evidence of Dr Donovan was that in the 10 years in which he knew Garda Mullins before the incident there was an absence of psychological symptoms that he developed after the incident. His wife, Catherine Mullins, gave clear evidence of the change in behaviour after the incident.
Dr McDonald, on the other hand, was of the opinion that he would appear to be, by nature, a shy person and that his anxiety was a marker of an increased predisposition to anxiety symptoms. This personality type, Dr McDonald believes, is likely to have predisposed him to a slower recovery than might otherwise have been the case.
Even allowing for the opinion of Dr McDonald it seems to me that, whatever the personality predisposition of an applicant, he is entitled to be compensated if, as a result of a malicious incident, he suffers either physically or psychologically.
In respect of the claim for bank interest there was evidence of overdrawings before the incident. The claim that the overdraft was necessitated, in part, by medical expenses does not square with the special damages agreed in respect of dates when such payments were made.
Even allowing, for the moment, that some of the interest occasioned by the reduced income of the applicant because of his absences from work and inability to proceed in promotion, no authority was adduced regarding admissibility of such claims.
The Acts provide for compensation. In a general sense this can, of course, include any consequential loss resulting from an incident for which compensation is provided so long as the loss flows from the incident.
Section 10 subsection 2 of the Act of 1941 deals with claims in respect of personal injuries not causing death.
"(b) requires a judge to:
take into consideration the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the applicant and, in particular (if the injuries do not preclude the applicant from continuing to be a member of the Garda Siochana), on his future career in that force"

Walsh J. in O'Looney -v- Minister for the Public Service [1986] IR 543, giving the judgment of the majority of the Supreme Court (Henchy J., Griffith J. and Hedderman J. concurring) was a case stated from the President of the High Court. The question of law was whether, in assessing the compensation payable to the Plaintiff for financial loss, the Court should have regard to the pension now payable to him and deduct the value of the same from the loss proved.

24. In relation to Section 10(2)(b) Walsh J. held:


"I think it is quite clear from this paragraph that one of the factors which the judge must consider and make the subject of compensation is the loss of future earning power which the injuries might reasonably be expected to produce."

25. In that case Walsh J. held that:


"The whole function of the Act is to provide compensation by way of damages for the personal injuries suffered and for the economic consequences of those personal injuries. When one examines the structure of the Acts and compares the provisions made in respect of fatal cases and cases not resulting in death, it is quite clear that the intention of the Oireachtas was to put members of An Garda Siochana in virtually the same position as persons who bring actions for death or personal injury caused by negligence ".

26. It is necessary, of course, that the economic loss is proved. It does not seem to me that the causal links between the expenses incurred as a result of the injury were established with the overdraft in either the St Paul's Credit Union or in the AIB account of the applicant.


QUANTUM

27. Mr Callinan, SC referred to four comparatives on the issue of post traumatic stress disorder. While the Garda Surgeon had talked about PTSD of a moderate character, Mr Callinan believed that it was moderate to severe.

In Sheridan's case (8116/98) where the applicant was punched, kicked and spat upon by an AIDS prisoner and suffered psychologically for eighteen months Mr Justice Budd awarded £62,000.
In Murphy's case (237/98) the applicant had been thrown and kicked on his head, had lacerations to his lip and two loose teeth, bruising to the eye and to his head and back. He suffered depression which lead to the deterioration of a bowel problem resulting in a colostomy. In that case Mr Justice Budd awarded £69,000.

28. The third case, Campbell (1895/98) the applicant was brutally attacked and feared for his life and developed psychological problems. He was awarded £85,000.

29. The last case, that of Kelly (1831/98) the applicant was abused and stoned while on holidays he fired three blank shots to disperse a crowd. He was on sick leave for six months. He was awarded damages of £76,000.

30. Mr Maguire, BL for the Minister pointed out that the last two cases involved members being asked to retire. The second case involved a pre-existing condition which was aggravated by the incident.

31. Mr Maguire referred to five cases which can be tabulated as follows:


Maguire (2891/98) classified as severe with condition as continuing in a case where the applicant was violently attacked, punched all over his body and kicked in the head causing him to fear for his life and to lapse into a state of unconsciousness. He made a non-eventful recovery within a matter of days from the physical trauma but developed the typical symptoms associated with post traumatic stress disorder. The Garda Surgeon believed he might still have bouts of depression, and minor episodes of flashbacks and anxiety which are part and parcel of post traumatic stress syndrome. However, in the long term these symptoms, according to the Garda Surgeon, would abate totally.

32. He was awarded £22,500 to date and £2,500 for future damages.

In Sherwin's case (3952/98) the applicant was involved in an armed raid where a shotgun was pointed to his head and a round of ammunition was discharged. He was very traumatised and experienced emotional disestablishment, acute depression, heightened awareness and acute anxiety. According to the Garda Surgeon he would not suffer any permanent disability. The trauma and its aftermath would not adversely impact on his capabilities to carry out his duty as a member of the Garda Siochana nor in his quality of life. He was awarded general damages of £22,000 to date and £3,000 in the future.
In the case of Sheridan (4005/98) the applicant sustained injuries during the course of her duties by being bitten severely and brutally on the tips of the little finger and the ring finger. She sustained an ongoing anxiety, depressive post traumatic stress disorder for a period of three years. By the time of the hearing she had recovered. Her injuries would not impact adversely on her capabilities to carry out her duties nor impact adversely on her capabilities to carry out her duties nor impact adversely on her quality of life in the future. There would be no permanent disability or sequelae as a result of her injuries. She was awarded general damages of £20,000 to the date of the hearing.
In McQuaid's case (3986/98) the applicant was on sick leave for four months following his injury. He was awarded £16,000 and £4,000 for future damage.

33. The last case, that of Maguire (1908/98) involved a violent attack with pain of six months and injury of three years. An award of £14,000 to date and £3,000 for the future was made.

34. It seems to me in the present case that Garda Mullins still suffers from adverse ill-effects of the incident. He has not had to leave to force. He has not had the worry of infection.

35. Accordingly, the third, fourth and first cases referred to by the applicant's counsel would seem to be inapplicable.

36. In relation to the second case ( Murphy, 237/98) the depression led to a colostomy. This seems to me to be a different order of resulting damage than in the present case.

37. I accept that the Maguire case (2891/98) is the most apt. I note that in that case the Garda Surgeon classified it as "severe". The classification in the present case is "serious". While Dr Broderick, in his last report dated the 8th December, 1999, says that Garda Mullins still has bouts of anxiety and irritability, he is of the opinion that the symptoms of PTSD have gradually reduced in severity and that his remaining symptoms should clear up in the near future leaving no permanent psychological disability.

38. In the circumstances it seems to me that an award of £28,000 for general damages to date and £6,000 for future damages is appropriate. I further make an order in respect of the agreed special damages in the sum of £6,011. I make no order in respect of the interest claimed.

© 2000 Irish High Court

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