Garda resolves legal challenge to Commissioner’s decision on injury claim

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A detective has resolved his challenge in the High Court against the refusal of the Commissioner of the Guard to consider that the Guard was injured in the line of duty.

The action was brought by Detective Garda Aidan Bracken, who has been unable to work since 2015 due to psychiatric injuries, including post-traumatic stress disorder, which he says was suffered in the exercise of its functions.

As a result of the settlement, the Commissioner’s decision was overturned and the detective’s claim that he suffered injuries while on duty must be re-assessed.

Le Garda, who worked in the Co Kildare division, says his injuries are related to his work in investigating criminal gangs.

His work has resulted in the conviction and imprisonment of several gang members.

Mental Health

However, serious and credible threats have been made against his life by criminals.

This seriously affected his mental health and he was diagnosed with post-traumatic stress disorder.

Last November, Garda Bracken, who has over 20 years of service, was told that the Garda commissioner believed he had not been injured while on duty and classified him as suffering from an ordinary illness.

La Garda claimed that the commissioner’s decision was flawed, violated due process because it was discriminatory and its claim for harm had not been properly assessed.

He also claimed that the commissioner had taken a detrimental delay in making the decision.

La Garda had asked in 2017 to be classified as injured at work, having been unable to work since the end of 2015.

Rights

The decision, it was claimed, had serious repercussions on Garda Bracken’s entitlement to sickness benefits and benefits and on her ability to pay basic bills.

Following this decision, he initiated judicial review proceedings in the High Court, claiming that the commissioner’s decision was flawed and should be overturned.

The commissioner dismissed the allegations and, in a statement of opposition, argued that the ruling on Garda Bracken should stand.

The action was listed for hearing before Judge Charles Meenan on Tuesday.

As a result of extrajudicial talks between the parties, it was agreed that Garda Bracken was entitled to various orders.

Evaluation

John Kennedy SC, with Rory Kennedy Bl instructed by attorney Eoin Powderly for Garda Bracken, said it was agreed his client was entitled to various orders, including one overriding the decision to classify his injuries as ordinary illness.

The court also ordered the Garda to undergo an assessment by the chief medical officer.

La Garda will also continue to receive temporary rehabilitation pay, until the issues are finally resolved.

Aillil O’Reilly Bl for the commissioner said his side consented to these orders.

The judge praised the settlement and praised the legal representatives of both parties for resolving the case.

The case will return to court in October.

Procedure

The action was one of many High Court proceedings brought by the detective against the commissioner.

Last year, in one of those actions, the High Court overturned a commissioner’s decision to dismiss him from An Garda Siochana following proceedings against the detective in Circuit Court for making a false report. .

Garda Bracken reported on threats made against him, his colleagues and his family as he suffered from mental health issues. In addition, he had been informed by his superiors that his life was in danger.

The High Court ruled that the decision to dismiss Garda Bracken without notice was wrong, on the grounds that the Garda had not obtained a criminal conviction from the circuit court, and overturned the decision to fire the detective.


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