Compensation and settlements cost Garda €10m

An Garda Síochána has paid out over €10 million in compensation and settlements to civilians for assaults, unlawful arrests and…

An Garda Síochána has paid out over €10 million in compensation and settlements to civilians for assaults, unlawful arrests and other reasons such as malicious prosecution in the past five years.

Figures obtained under Freedom of Information legislation show that between 2002 and 2006 inclusive a total of €10,287,533 was paid out to civilians with the highest amount - €5,794,561 - paid out for unlawful arrest.

In the five-year period €1,936,641 was paid to civilians claiming they had been assaulted by members of the force.

In the same period €5,794,561, was paid to people claiming they had been unlawfully arrested.

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Some €2,556,330 was paid for civil actions taken against the force under the heading "other".

A spokesman for the Department of Justice said this section included malicious prosecution, false imprisonment and breach of various rights.

The amounts under each heading covered awards made in court, settlements before the cases got to court and legal costs awarded to complainants.

The majority of cases which resulted in money being paid were settled before they got to court.

The most expensive year was 2005, when payments totalled €4,870,233. This included a €1.9 million High Court award to Donegal nightclub owner Frank Shortt for unlawful arrest and a single settlement with another individual of €1.5 million for the same reason.

The award to Mr Shortt was recently increased from €1.9 million to €4.7 million by the Supreme Court.

In each year one person was awarded money in court for being assaulted, with €1,270 awarded in 2002, €11,000 in 2003, €15,000 in 2004, €1,000 in 2005 and €18,076.32 to one person last year.

The force settled with six people who claimed they had been assaulted by a garda in 2002, with payouts totalling €166,924.

In 2003 the force settled with four people who said they had been assaulted, paying a total of €75,000. In 2004 five people were paid a total of €198,697 for the same reason. In 2005 there were payouts to seven people totalling €130,250, while the figure last year was €386,200 to 18 people alleging assault.

One person was awarded €3,809 in 2002 for being unlawfully arrested, while two people were awarded a total of €10,000 for the same reason in 2003.

There was no award for unlawful arrest in 2004. In 2005, however, eight people were awarded €2,025,321 for unlawful arrest, and three people were awarded a total of €41,443.80 under this heading last year.

Again in every year the force settled with more people alleging unlawful arrest before their cases got into court than were awarded money in court.

In 2002 10 people alleging unlawful arrest had their cases settled with payouts totalling €106,835. In 2003 the number was five, totalling €303,011.

In 2004 five people settled for a total of €73,007.

The number of people who received settlements for unlawful arrest in 2005 was nine, costing the State €1,569,114, while last year the number was 14, receiving €622,000.

"Unlawful arrest" and "assault" are the two main single headings under which cases are taken against the force, with a third heading, "other", covering all others including false imprisonment, malicious prosecution, damage to property and breach of other rights.

Under "other" awards were made in two cases in 2002, totalling €56,500. There were 11 cases settled that year, costing €185,078. Costs were €340,486.

In 2003 there were two awards for "other" reasons, totalling €4,870, four settlements totalling €112,815, with €542,075 in costs.

There was one award of €3,215 in 2004, three settlements costing €50,500 and complainants' costs paid of €266,713.

There were two awards totalling €85,125 in 2005 and two settlements of €58,000, with costs paid of €205,466.

Last year there was no award in this category, but eight cases were settled for a total of €606,500 and €38,983 in cost.

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times