A High Court jury yesterday awarded damages totalling €275,000 to a retired garda and a woman arising from their unlawful arrest and detention for three days under Section 30 of the Offences Against the State Act, on suspicion of IRA involvement.
Mr Joe Walshe, a retired Garda, and Ms Kay Bedford, received damages of €175,000 and €100,000 respectively. They had sued Det Insp Anthony Fennessy, the Minister for Justice and the Attorney General, arising from their separate arrests in Limerick on September 27th, 1991.
During the hearing, Det Insp Fennessy said the two were arrested on the orders of then Chief Supt, now Garda Commissioner, Mr Pat Byrne.
They were arrested separately in Limerick on a Friday evening and brought to the Bridewell garda station in Dublin where they were interrogated and detained until the following Sunday morning.
It was accepted by the defendants during the hearing that neither Mr Walshe, who was a garda stationed in Limerick in 1991, nor Ms Bedford, had anything to do with the IRA.
After two days of legal argument in the absence of the jury yesterday, Mr Justice Quirke told the jury he had ruled the arrests were not lawful and accordingly the claims made by the plaintiffs must be successful.
In those circumstances, the only task for the jury was to assess what damages should be paid. The jury returned with their decision on damages after an absence of more than two hours.
They decided Mr Walshe (61), of Oaklawn Drive, Dromin, Nenagh, Co Tipperary, and Ms Bedford (58), Sir Harry's Mall, Limerick, should receive €175,000 and €100,000, respectively.
Mr Justice Quirke awarded Mr Walshe and Ms Bedford their costs which are estimated at €1 million. He adjourned the matter to Friday next, when he will deal with whether Insp Fennessy is entitled to be indemnified in relation to the award.
The hearing lasted seven days with a further two days of legal argument taking place in the absence of the jury.
Insp Fennessy had told the hearing that, if it was left to him, he would not have arrested then Garda Walshe on suspicion of involvement in the IRA. He accepted Mr Walshe and Ms Bedford were not involved with the IRA.
After the jury's decision, Mr Walshe said he was very happy with the outcome "after a wait of 12½ years". They had looked for an apology three years ago, and if that had been forthcoming, that would have been the end of it, Mr Walshe said.