A former Detective Garda who had to retire from the force after a "savage" beating near Croke Park was awarded compensation of almost £400,000 by the High Court yesterday.
One aspect of the man's claim for compensation from the State, taken under the Garda Compensation Acts, was for the purchase of Viagra tablets because he suffers from erectile dysfunction.
Of his total compensation award of £391,664, a sum of £30,000 was allocated for "future medical treatment" and medication. Mr Justice Budd said the erectile dysfunction was only one aspect of the man's problem and should not be paid disproportionate attention.
The judge said the former garda had continual depressive episodes and post-traumatic stress disorder. He was obviously strongly vulnerable to a recurrence.
The biggest part of the award is £151,364 for future loss of earnings until the man reaches the age of 57, with a further £20,000 for loss of earnings after age 57.
The judge allowed £12,831 for loss of earnings to date and £5,469 for medical expenses to date.
Much of the award is for posttraumatic stress disorder (PTSD). The court allocated £60,000 for PTSD in future.
The man, a father of two, was a member the Special Detective Unit. He was on duty outside Croke Park on May 1st 1994 during the National Football league final between Armagh and Meath.
While trying to prevent an Armagh supporter with a bottle entering the stadium, he was assaulted. Both he and the supporter fell heavily to the ground and about 10 other men then "put the boot into the plaintiff", the court heard.
The garda was kicked savagely in the groin and back and was treated in hospital. He was able to see the face of one of the perpetrators.
This man's facial attitude was one of "obvious pleasure of inflicting pain on a fellow human being", it was stated. The judge said that struck fear into the garda which had stayed with him.
That was significant in relation to what happened to the garda subsequently.
The judge criticised the State for delaying until last April authorisation to the former garda to take the action.
Mr Justice Budd said the man had been a member of the Garda Special Detective Unit. To be chosen for such duty he would have had to be a person of positive action, very fit, healthy in mind and body, skilled in weaponry and of a stable and sensible disposition.
Following the assault he had developed a serious back problem, damage to the psyche and suffered from PTSD. He returned to work but the police surgeon was of the view he was unfit to continue and he was prematurely compulsorily retired in May last year.
Mr Justice Budd said that while the victim suffered physically it was the damage to his psyche and the infirmity caused to his mind that the Garda Commissioner had cited in the certificate.
The judge said he was 100 per cent certain the problems of the psyche were caused by the assault. The unexpected savagery put the detective in fear for his life and his description of the face of the man who kicked him was spine-chilling.
"He felt he was looking into the face of sadism and evil and that was one of the reasons his psyche was affected," the judge said. He could not blame the man for trying to wean himself off medication, or from experimenting with recently-discovered medication which had assisted him and had greatly reduced an aspect of the damages which the taxpayer would have to pay.
Mr Justice Budd said one aspect of the case had got "blown completely out of proportion" in the length of time it took to argue in court. He regretted it should have loomed so large because this might have a detrimental effect on recovery.
But, he added, the court was open to the public and when dealing with taxpayers' money people were entitled to know about any aspect.