High Court of Ireland Decisions

1. The Garda surgeon classifies the incident as serious resulting in pain and discomfort of two weeks duration and an acute anxiety verging on panic experienced as a result of the ferocity of the assault.

2. At the time of the Garda surgeons report the laceration above the lip on the left hand side was barely visible at reading distance. There were no visible scars on the nose. The nose was central in the face and there was no deviation from one side to another. There was a slight congenital asymmetry of the nose. Internal examination showed clear nasal passages with slightly inflamed membranes consistent with the cold winds of winter. In the Garda surgeon’s opinion the difficulty the Applicant experienced in breathing through his nose and the pain and discomfort on neck movements and headaches were not related to the injury sustained.

3. Mr. Alexander Blayney, ENT surgeon, believes that the Applicant sustained trauma to his nose which most probably had been associated with the onset of his nasal symptoms which were not previously present. Nasal obstruction is mainly attributable to deviation of his nasal septum which a septoplasty operation could improve if deemed necessary by the patient. The Applicant consulted with Dr. Nicholas Walsh, Consultant Dermatologist, on the 1st August, 1997 almost 3 ½ years after the incident. He complained of a recurrent pruritic urticarial eruption for the previous 3 years which was triggered at times of stress. Investigations out ruled a systemic cause for urticaria. Dr. Walsh’s impression was that the assault and subsequent development of a post traumatic stress disorder has been a major contributing factor towards the ongoing nature of the chronic urticaria. There is reasonable relief with antihistamines.

4. Dr. Walsh points out that chronic urticaria may have multiple listing factors and that the ongoing stress and emotional factors most likely have a modulating effect. In his opinion the prognosis is poor and will continue indefinitely

5. Dr. James Corbett, Consultant Psychiatrist, saw the Applicant on

6. April 28th, 1999 over 5 years after the incident.

7. His opinion was that the Applicant experienced a post traumatic stress disorder of moderate to severe intensity as a result of the incident. He would anticipate that that disorder would resolve over an approximate 18 month to 2 year period. Authorisation by the Minister issued on the 14th August 2000, over 6 ½ years after the incident.

8. Garda Brady was violently assaulted at 1.30 a.m. on Dame Court by two drug dealers. When he attempted to arrest one of them he was thrown violently to the ground and woke up in the Meath hospital. He believes he was kicked and punched to the head by a number of persons who had come to the assistance of the individual he had arrested. He was detained overnight for neurological assessment which proved negative.

9. He has had a resurgence of his symptoms over the 5 months prior to this hearing. The frequency and intensity of nightmares have increased, disturbing his sleep pattern and rendering him irritable.

10. Dr. Corbett examined the Applicant a week before the hearing and reports that the Applicant believes that he has not regained his ambition or confidence and in confrontational situations was less inclined to lead, was wary and less trustful of people. He has physical manifestations of anxiety, a periodic shake in his hands and a quiver in his voice. He has experienced an exacerbation of his allergic condition in recent months and is taking antihistamines for that condition. The Applicant’s personality, in Dr. Corbett’s opinion, is sound. Following the conclusion of this case Dr. Corbett would anticipate his symptoms abating over an approximate 12 month period.

11. The Applicant presents with a cluster of sequelae resulting from the assault. It seems to me that the assault has led to the latent post traumatic stress disorder which later contributed to the outbreak of pruritic urticaria.

12. The time taken for authorisation by the Minster has not helped in the resolution of the post traumatic stress disorder which I believe to be the underlying cause of the skin problem.

13. I would award the sum of £25,000.00 for past pain and suffering and £2,500.00 for the future (to include medication).

14. In addition, as a direct result of the assault, the Applicant has suffered a 2 cm laceration to the lip and has contributed to problems with regard to breathing which, however, may be resolved with surgery. It does not seem that any medication is necessary for the nasal complaint.

15. I would award a figure of £5,000.00 in respect of these injuries.

16. Accordingly, I would make an award of £32,500.00.