
A Garda who took legal action against the State after being shot in the leg when his submachine gun accidentally fired—allegedly after becoming caught on his bulletproof vest—has reached a settlement in the High Court, reports The Mirror.
The Garda initiated proceedings against the Garda Commissioner, the Minister for Justice, and the Attorney General.
He suffered a shattered ankle, claiming the injury occurred while manoeuvring inside a cramped patrol vehicle. He alleged that his firearm’s safety switch and trigger became entangled in his vest, causing the weapon to fire a single shot, reports The Mirror.
The Garda told the court that the pain was unlike anything he had ever felt and that he nearly lost consciousness.
On the third day of the trial, the Garda’s barrister, Richard Kean SC, acting on instructions from solicitor Brigid O’Donnell, informed the court that a settlement had been reached and requested the case be struck out.
The case alleged there had been a failure to provide a safe working environment, and the Garda had been required to carry his firearm in tight quarters while wearing what was described as unsuitable protective gear, reports The Mirror.
Ms Justice Denise Brett ruled that the identity of the Garda or any Garda witness involved in the case must not be disclosed.
At the beginning of the trial, the court was informed that liability had already been accepted, reports The Mirror.
During his testimony, the Garda—who had served over 15 years in the force—said he was patrolling with colleagues in July 2019 in an area where serious criminal incidents, including shootings, had taken place.
He was driving the patrol jeep, wearing a bulletproof vest, with a pistol holstered and a submachine gun slung around his neck, pointing downward, reports The Mirror.
He explained that the gun went off when he turned around to check the back seat.
“I felt immediate excruciating pain and I saw smoke from the weapon and blood squirting up to the seat,” he said.
He continued: “The pain really kicked in; it was so bad, I nearly passed out. I never experienced that type of pain,” he said, reports The Mirror.
His colleague secured the weapons, and he was rushed 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, reports The Mirror.
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