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Incorrect test applied in refusing Garda’s application for compensation for personal injuries
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High Court grants judicial review of the decision to refuse to authorise a retired Garda sergeant’s application for compensation for personal injuries suffered in the course of his duties, on the grounds that the Minister for Justice failed to use the correct test in refusing to authorise the application, and the decision plainly and unambiguously flies in the face of fundamental reason and common sense.
Judicial review - retired Garda sergeant challenging the decision of the Minister for Justice refusing to authorise his application for Garda Siochana Compensation Acts – prisoner had to be removed from court - prisoner engaged in quite disturbing behaviour - violently resisted the intervention of the gardaí - retired Garda sergeant suffered significant personal injuries – had to take sick leave – submitted claim for compensation for personal injuries suffered in the course of his duties – relevant provisions – internal recommendation determined that the application fails to meet the statutory requirements – injuries not maliciously inflicted – following assessments refusal letter issued - general observations about the nature of judicial review – Minister failed to use the correct test - decision of the Minister on his application plainly and unambiguously flies in the face of fundamental reason and common sense.
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