A WOMAN’S action over an alleged assault in a Garda station causing her a serious leg injury requiring a skin graft has been dismissed
Mr Justice Bryan McMahon ruled yesterday that the woman had failed to “meet the threshold” of proof to maintain her claim that the force used by gardaí at Harcourt Street station, Dublin, following her arrest for suspected shoplifting, was “disproportionate and unreasonable”.
The woman, who cannot be named by court order, has a history of substance abuse and continues to suffer from depression following removal of a tumour in the mid-1990s, the court heard.
A psychiatrist found the woman has a biological mood disorder and was an ex-heroin abuser who abuses prescription medication, particularly Benzodiazipenes. Such abuse can cause instant euphoria followed by a period of intense emotionality and distress, the judge noted.
The woman was also described as having a vulnerable personality, socially isolated and unable to accept psychological help. She suffers from serious diabetes and Cushing’s disease, a condition which caused the skin to bruise more easily due to a high level of cortisone in the system.
About a year before the alleged shoplifting incident, the judge noted the woman cut the side of her left leg in a domestic accident and this wound was very slow to heal, later requiring a skin graft. This graft was on the same leg as that injured in this incident. It was alleged the woman went on a “shoplifting spree” in Dublin in July 2008 and was arrested on suspicion of committing theft. She was initially co-operative when taken to Harcourt Street Garda station but when informed her bag would be searched, became “obscenely aggressive”, the judge said.
The woman said, as she was being removed from the room by the two sergeants, she saw another garda running towards her so she lifted her leg and kicked him in the midriff to protect herself. She alleged he kicked her back in the shin causing serious injury to her leg.
The garda in question said the woman lashed out and kicked him twice in quick succession. He said he raised his foot “in anticipation of the second kick” and it was then her leg came in contact with the sole of his shoe.
The woman complained she had been injured and after being examined was found to have a serious cut to her leg which required a skin graft and took five months to heal.
Delivering judgment, the judge said he accepted the evidence of the gardaí was given honestly. He also ruled the woman’s claims would have had more force if she was not afflicted by a condition which meant she bruised easily and had fragile skin and concluded her injuries would not require the application of great force.
In those circumstances, the judge said he would make an order dismissing the woman’s action against the Garda Commissioner and the State.