€160k for ex garda forced to retire
A “brave and courageous” garda, who was forced to retire because of psychological injuries suffered when two young burglars collided head-on with his squad car, has been awarded compensation of more than €160,000.
Counsel Bruce Antoniotti said John Sutherland had been patrolling with a colleague in April 2007 when they received a call about two youths who had robbed firearms and ammunitions from a house in Kilmacthomas, Co Waterford.
Mr Sutherland, now 57, told a High Court Compensation hearing that he and his colleague saw the two youths fleeing in a Northern registered Seat Leon.
As the gardaí approached, the Seat sped off and a high-speed chase ensued. Mr Sutherland said the car was being driven aggressively, forcing others out of its way.
He said the Seat suddenly made a handbrake turn and drove towards the Garda car. Mr Sutherland, who was driving the car, said he could not avoid a head-on collision. Both gardaí banged their heads off the windscreen, despite having their seatbelts on.
Mr Sutherland, of Annestown, Co Waterford, told Mr Justice Bernard Barton the two robbers got out of the car and he and his colleague ran after them. The court heard the two youths fled to Annestown beach and swam to a nearby island.
He said he was informed that Garda assistance was on its way when he saw black smoke coming from the collision scene. He went back and saw the two cars on fire.
The court heard that he removed the firearms and cartridges through the rear door of the Seat only minutes before explosions were heard from the cars. “I was worried that members of the public near the scene could be injured and also, if the firearms and ammunitions had burnt in the fire, fingerprints evidence would have been lost,” he told the court.
The court heard he suffered neck and back pain and attended Waterford Regional Hospital the next day.
He said he later developed depression symptoms and post-traumatic stress disorder. He had needed to undergo counselling therapy and take anti-depressant medication.
He had become irritable and had developed an anger management issue. Mr Sutherland said he had not been able to play golf for a year after the incident.
He had lost confidence and had not been able to go back to work. The court heard he was informed in 2010 that he was being retired on medical grounds, by reason of “infirmity of his mind”.
Mr Sutherland, who sued the minister for finance, claimed he did not have the intention to retire early.
He said he had applied for alternative employment but had not been offered any interview.
Judge Barton said he was satisfied the death of his wife was not the cause of Mr Sutherland’s inability to go back to work as a garda. He said Mr Sutherland, “a very courageous and genuine man”, was not likely to pursue employment in the future but would rather develop a kennel business he had started with his late wife.
The judge said Mr Sutherland’s psychological illness had improved and he was in a new relationship. He awarded him €80,000 for pain and suffering, €75,000 for loss of earnings and €7,126 for medical expenses, a total of €162,126 compensation.
