*The crash occurred in November 2014. 

A 36-year old convicted burglar who has served time in prison for targeting an 80 year old priest’s parochial home has been awarded €5,750 in personal injuries arising from ’very slight injuries’ he suffered in a Garda van crash.

At Ennis Circuit Court, Judge Francis Comerford has ordered the Garda Commissioner pay Kilrush man, Jonathan Kenny €5,750 arising from the ‘minor injuries’ that Mr Kenny suffered when the Garda van in which he was travelling was involved in a road crash with another vehicle at an intersection on Ennis’ Mill Rd on November 19th 2014.

Mr Kenny told the court that at the time of the collision, he was placed in the back of the van by Gardai and had handcuffs placed on his hands behind his back but was unrestrained in the seat he was sitting on.

Mr Kenny said that he had just been arrested by Gardai as he was exiting the grounds of Ennis General Hospital. After the crash, Mr Kenny was transferred to a Garda patrol car and brought to Kilrush Garda Station.

In the case, the Garda Commissioner on behalf of the State had denied liability.

In evidence, Mr Kenny admitted to having 60 to 70 previous convictions but told Judge Comerford that he has been clean the past three years and hasn’t been in custody for the past two years.

He said that he “never had to be restrained or violent towards a Garda”. He said that his longest period in prison was three years. He said, “I have a life now – no trouble.”

In upholding Mr Kenny’s personal injury claim, Judge Comerford said that this was a very minor crash and Mr Kenny, represented by Lorcan Connolly BL (inst by Patrick Moylan) sustained “very minor injuries in the scheme of things”.

Judge Comerford stated that just because there was a minor injury in the case, “it doesn’t obviate the need to have some care for the person who is being transported”.

Judge Comerford stated that from the photos and evidence in the case there was no ability for Mr Kenny to protect himself in a collision or a sudden braking.

Judge Comerford stated that there was no real attempt by the State in the case to justify the risk imposed on someone by not having any restraints of any kind.

The judge stated that on that basis, Mr Kenny “is entitled while in custody to be safely secured”.

Upholding Mr Kenny’s personal injury claim, Judge Comerford stated that there was a failure to guard against this risk of a crash or a sudden braking that was very foreseeable.

Judge Comerford stated that the injuries in the case “are very slight” noting that Mr Kenny sustained a cut to his ear, a blow to his head and suffered discomfort for less than three months.

Judge Comerford stated that if the case had been brought under the judicial guidelines on personal injury damages, the amount of damages “would be quite slight”.

However, Judge Comerford stated that the proceedings were instituted prior to the judicial guidelines and awarded Mr Kenny €5,750 after concluding that the case “is at the lower end of damages”.

In February 2021, Mr Kenny was jailed for two and a half years after targeting the home of an 80 year old priest’s parochial home, with the sentence back-dated to August 2020.

Judge Comerford put a stay on the award pending an appeal.

Related News

damien carmody 1
Damien Carmody memorial tournament to honour a man who loved the GAA & the land
shannon airport car park 1
Cargo flight from Miami diverts to Shannon Airport
TMP_3810
Relay For Life ‘a very powerful community’ says Clare Rose Aisling
kevin corrigan mary howard samba 1-2
Ennis 2040 DAC Chief & Cllr Howard to start up samba band
Latest News
damien carmody 1
Damien Carmody memorial tournament to honour a man who loved the GAA & the land
shannon airport car park 1
Cargo flight from Miami diverts to Shannon Airport
TMP_3810
Relay For Life ‘a very powerful community’ says Clare Rose Aisling
kevin corrigan mary howard samba 1-2
Ennis 2040 DAC Chief & Cllr Howard to start up samba band
eoin gavin 2
'Impact of lack of housing in Shannon is too big to ignore' - Chamber President lays it on the line for Housing Minister
Premium
Ennis Car Park Announcement 031 eamon o'dea pat dowling kieran keating deirdre murphy brian fitzpatrick
Lease arrangement with Council for Cloister car park offers 'financial assurance & certainty' for Clare GAA
uhl exterior
Preliminary assessment underway following death of teenage girl at UHL
alan troy mary howard 1
Fianna Fáil tipped to run four candidates in West Clare
sixmilebridge road parking
Man arrested & released without charge in investigation into alleged assault of boy (12)
2022 Clare Co Board Convention -9440
Clare GAA will be keeping door open for media to attend County Board meetings

Subscribe for just €3 per month

If you’re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.

Subscribe for just €3 per month

If you’re here, you care about County Clare. So do we. Did you rely on us for Covid-19 updates, follow our election coverage, or visit The Clare Echo every week for breaking news and sport? The Clare Echo invests in local journalism and we want to safeguard its future in our county. By becoming a subscriber you are supporting what we do, will receive access to all our premium articles and a better experience, while helping us improve our offering to you. Subscribe to clareecho.ie and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month. Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.

Scroll to Top