Thurles Information

The Minister for Finance has agreed to pay a former 44-year-old Tipperary hurling Captain, Garda Mr Aidan Flanagan, €1.16million following injuries suffered when he was kicked in his back, during the making of an arrest.

Compensation of €175,000 in general damages and €45,000 for the loss of future opportunity, had previously been awarded to the Garda by Mr Justice Bernard Barton. The Justice had then adjourned further ruling in relation to the case; pending a review of ongoing negotiations between Mr Micheál Ó Scanaill, SC State Counsel for the Finance Minister) and Mr Alan Keating BA. LL.B; (Barrister for Garda Flanagan).

Following further negotiations and taking into account Garda Flanagan’s past and present loss of earnings; Mr Ó Scanaill, appearing with Barrister Ms Rebecca Graydon BCL, LL.M (Commercial), M.C.I Arb., informed Judge Bernard Barton that now a consent order for €1.16m could be made in Garda Flanagan’s favour.

Mr Justice Barton, in his earlier ruling and following a Garda Compensation hearing in the High Court, had stated that the ferocity of the blow Garda Flanagan had received to the base of his back, had devastating consequences for the injured man’s future.

The Judge stated that Garda Flanagan had suffered the injury when he was only 30 years of age and had made a substantial €1.47m claim for general damages and recurring pecuniary losses.

Garda Flanagan had been a fit young man who had a passion for the game of hurling, a sport in which he had excelled, playing for Tipperary. He had earlier won an All-Ireland medal at Under 21 level, before being elevated to the Tipperary senior panel, to hurl for his county, going on to become Captain of the Tipperary senior team during the 1997 National Hurling League.

Judge Barton explained that Garda Flanagan, because of his injuries, had faced financial embarrassment to the extent that attempts had been made to re-possess his home, which in turn led to him having to be treated in the St John of God Hospital in Dublin.

Garda Flanagan had arrested a youth, following a store burglary in which alcohol had been stolen; some of which had been consumed by the youth together with a quantity of tablets prior to his arrest.

On entering the back seat of a squad car to restrain the handcuffed teenager, he, Garda Flanagan, had received a kick into the small of his back. Following this attack and over subsequent years there had been a serious and significant deterioration to the Garda’s physical and mental capacity, as a result of ongoing chronic pain; leaving the officer with the feeling that he considered he could no longer serve as a Garda.  Indeed, he had since applied unsuccessfully to be retired on health grounds.

The degree of force used by Garda Flanagan’s assailant had been somewhat controversial during the 15-day hearing of this case, since one of the issues before the court, prior to the 2005 assault had been the fact that he had previously suffered back injuries in a car accident and in a fall.