A Garda detective inspector is seeking indemnity regarding an award of Eur 275,000 damages made by a High Court jury this week to a retired garda and a mother of four arising from their unlawful arrest under section 30 of the Offences Against the State Act on suspicion of IRA involvement.
The High Court yesterday fixed June 23rd for the hearing of submissions on whether the State should indemnify Det Insp Anthony Fennessy, who was one of a number of defendants sued by retired garda, Mr Joe Walshe, and Ms Kay Bedford.
In his evidence, Insp Fennessy had said that if it had been left to him, he would not have arrested Garda Walshe on suspicion of being a member of the IRA. He had received his orders from then Chief Supt Patrick Byrne, who is now the Garda Commissioner. He accepted the two plaintiffs were not members of the IRA.
Mr Walshe (61), Oaklawn Drive, Dromin, Nenagh, Co Tipperary, and Ms Bedford (58), Sir Harry's Mall, Limerick, claimed damages for false imprisonment and slander arising out their arrests in Limerick on September 27th, 1991.
Following a nine-day hearing before Mr Justice Quirke and a jury, damages totalling Eur 275,000 were awarded to the plaintiffs on Wednesday. Mr Walshe was awarded Eur 175,000 damages and Ms Bedford was awarded Eur 100,000.
The action was against Det Insp Fennessy, the Minister for Justice and the Attorney General. On Wednesday, the judge told the jury that he had ruled the arrests were not lawful and that accordingly the claims by the plaintiffs must be successful. The jury then retired to assess damages only.
On Wednesday, the question as to whether Insp Fennessy should be indemnified by the State was left over. Yesterday, Mr Justice Quirke was told that the hearing in relation to the indemnity should take not more than a half day.
The plaintiffs were also awarded their costs against the defendants on Wednesday. With three legal teams participating in the lengthy hearing, total costs are estimated at about €1 million.
The hearing on indemnity will decide who is to pay the costs.
Mr Walshe and Ms Bedford were arrested separately under section 30 of the Offences Against the State Act in Limerick on the evening of September 27th, 1991, a Friday.
They were taken to a Dublin Garda station and questioned before being released on the Sunday morning. A senior garda told the court he accepted the plaintiffs were not members of the IRA.