A garda who was shot in the leg when his submachine gun discharged after it allegedly snagged on his bulletproof vest has settled his High Court action against the State.
The garda brought an action against the Garda Commissioner, the Minister for Justice and the Attorney General.
Ms Justice Denise Brett ruled that the media cannot identify the garda or any Garda witness in the case.
The garda’s ankle was allegedly shattered after he manoeuvred himself within the confined space of a patrol vehicle, causing the safety selector switch and the trigger of his firearm to snag on his bulletproof vest. He claimed the gun discharged one round during the incident in July 2019.
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In evidence, he told the court he had never experienced pain like it and nearly passed out.
On the third day of the hearing, the garda’s senior counsel, Richard Kean, instructed by solicitor Brigid O’Donnell, told the court the case has settled and could be struck out.
In his case, the garda claimed there was a failure to provide him with a safe place of work and he had been caused to carry his firearm in a confined space while wearing allegedly inappropriate personal protective equipment.
At the opening of the case this week, the court heard liability was admitted by the defence.
In his evidence, the garda, who had been in the force for more than 15 years at the time of the incident, said he was wearing a bulletproof vest, had a pistol in a holster and a submachine gun in a sling around his neck pointing down.
He said he was in the driver seat and turned around to check the back seat when his submachine gun discharged.
“I felt immediate excruciating pain, and I saw smoke from the weapon and blood squirting up to the seat,” he said.
He said his colleague made his weapons safe and he was brought to hospital.
“The ankle was shattered. I remember the doctor saying my leg was a mush before I went into surgery,” he told the judge.
The bullet went through the back of his left leg and ankle joint and his left ankle had shattered. He had to have surgery and physiotherapy and was out of work for 18 months.
The garda told the court he did everything he could to build up his leg afterwards “but the pain never really left”.
