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Garda awarded significant damages following Cashel assault.

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A Tipperary Garda who claimed a man deliberately spat blood and saliva on him and threatened to infect him with HIV has been awarded €100,000 in damages.

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It follows an incident in Cashel almost 6 years ago.

At a High Court Garda compensation hearing Ms Justice Mary Irvine heard that Garda John McDonnell was assaulted at Cashel Place in November 2007 while attempting to arrested a bloodied man involved in a scuffle.

The 50 year old then returned to Garda station where a colleague took photographs of the blood on his face before he had gone to wash it off.

Judge Irvine said Garda McDonnell had some short lived concerns regarding the risk of infection but was informed two weeks later that his assailant didn't have HIV or Hepatitis C

He sought compensation for anxiety and distress as well as soft tissue injuries to his back, neck, and arms.

In awarding compensation Judge Irvine said that the Garda remained out of work in 2008 and 2009 and had taken no realistic steps to make himself available for light work during this time.

However she accepted the claim for loss of earnings in the immediate aftermath of the incident and from 2010 until last May and awarded him a total of €100,000.

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