Woman who claimed garda broke her arm in station incident settles case before jury verdict
High Court Reporters
A teacher who claimed a male garda twisted and broke her arm in an early-morning altercation at a Galway Garda station has settled a High Court action moments before a jury was due to give a verdict in the case.
Denise Callinan (28), from Manorhamilton, Co Leitrim, had sued over the injuries she allegedly sustained in the incident on October 19th, 2019, at Mill Street Garda station in Galway, where she was brought following her earlier arrest under public order legislation.
On Thursday, Callinan’s lawyers told Judge Tony O’Connor that the parties had resolved the case. The judge was informed of the settlement shortly before the 12-person jury was due to return to court, having indicated that it had reached a verdict.
On the consent of both parties, the judge struck out the case and made an order directing the Garda Commissioner to pay Callinan’s legal costs.
Outside court, Callinan declined to disclose details of the settlement agreement, but said she was “extremely happy” with the compromise reached between the sides.
“Given the fact that we came to a compromise, for me personally, that is justice being served,” she said.
At Thursday’s hearing, the judge informed the jury that the parties had compromised, and as such, its verdict did not need to be opened to the court.
Seamus Breen, counsel for Callinan, thanked the jury on behalf of his client and said that the questions it raised with the judge during their deliberations helped the parties towards a resolution in the case.
David McGrath, for the Garda Commissioner, told the jury that the questions had “concentrated minds” towards reaching a resolution in the case.
The jury asked several questions of the judge during deliberations, including the number of jurors required to reach a majority verdict, and how to calculate an award of general damages.
The jury was asked to decide if the fracture suffered by Callinan was caused by “unreasonable force” used by a member of An Garda Síochána, among other issues. The jury started deliberating on Wednesday morning.
Callinan was represented by barristers Breen, Niall Buckley and Michael J Clancy, and solicitor Aisling Harrison of Damien Tansey Solicitors LLP.
The Garda Commissioner was represented by barristers McGrath and David Boughton, instructed by the Chief State Solicitor’s Office.
