Three gardaí who claim they were traumatised after a drug addict went into a "frenzy" and sprayed them with blood from his injured hand have brought a High Court challenge to the Minister for Justice's refusal to authorise the bringing of compensation claims by them.
The actions are aimed at allowing the gardaí bring claims to the High Court for compensation under the Garda Síochána Compensation Acts. Under those Acts, potential claimants have to secure authorisation from the Minister before pursuing claims.
In the cases of all three gardaí, leave to pursue compensation claims was refused on grounds that the alleged injuries sustained were "minor".
Mr Justice Michael Peart yesterday granted leave for judicial review proceedings to be brought aimed at overthrowing the refusal of authorisation for compensation claims in the cases of Garda David Byrne and Garda Martin Geraghty, both stationed at Ronanstown, Clondakin, Dublin and Garda Mark Darmody, stationed at Cahir, Co Tipperary.
All three gardaí claim they were present at Ronanstown Garda station on the night of April 14th, 2002, when a known heroin addict and intravenous drug user came into the station, allegedly under the influence of alcohol or drugs. It is claimed the man punched the glass hatch in the public office and broke it, which resulted in severe bleeding of his hand.
It is also alleged the man was aggressive and violent and that he went into a frenzy shouting he had "the virus" and that he was going to give it to the gardaí. It is claimed he then started to spray the gardaí present with the blood flowing from his injured hand.