Case No. 1618Personal injury (workplace accident)
Garda shot by own firearm settles High Court personal injury action
In July 2019, an unnamed garda with more than 15 years in the force was shot in the leg when his submachine gun discharged one round after the safety selector switch and trigger allegedly snagged on his bulletproof vest while he was in the confined space of a patrol vehicle. The bullet shattered his left ankle, and he required surgery and physiotherapy, leaving him out of work for 18 months. He brought a High Court personal injury action against the Garda Commissioner, the Minister for Justice, and the Attorney General, claiming a failure to provide a safe place of work. Liability was admitted by the defence, and the case was settled on the third day of the hearing before Ms Justice Denise Brett, who also ruled that the media cannot identify the garda or any Garda witness.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court22 May
2 reports - Verdictnot reported
- Sentenced23 May
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- An unnamed garda was shot in the leg when his submachine gun discharged one round after the safety selector switch and trigger allegedly snagged on his bulletproof vest.
- The garda claimed a failure to provide a safe place of work, alleging he was made to carry his firearm in close proximity in a confined space while wearing inappropriate personal protective equipment.
- Where
- The incident occurred within the confined space of a patrol vehicle while the garda was on patrol in an area with serious incidents including shootings.
- When
- The incident occurred in July 2019.
- Cause
- The garda claimed the gun discharged because he was required to manoeuvre within the confined space of the patrol vehicle, causing the firearm to snag on his bulletproof vest.
- Other details
- The garda had been in the force for more than 15 years at the time and was the driver of the patrol vehicle.
- The bullet went through the back of his left leg and ankle joint, shattering his left ankle; he required surgery and physiotherapy and was out of work for 18 months.
- In court
- The garda brought a High Court personal injury action against the Garda Commissioner, the Minister for Justice, and the Attorney General.
- Ms Justice Denise Brett ruled that the media cannot identify the garda or any Garda witness.
- Liability was admitted by the defence.
- The case was settled on the third day of the hearing.
66 statements extracted from the articles
- whatEyewitness Jenna Stack saw Ashling Murphy struggling with her attacker, kicking her legs hard. (irishtimes.com)
- whatAshling Murphy had suffered multiple stab wounds to the neck. (irishtimes.com)
- whatThe attacker's facial expression seemed angry that he had been interrupted. (irishtimes.com)
- whatThe ashes were bagged to be preserved for forensic examination. (irishtimes.com)
- whatAshling Murphy was a 23-year-old schoolteacher. (irishtimes.com)
- whatMarek and Jozef were on disability allowance due to back problems (irishtimes.com)
- whatMarek went to Tullamore to search for Jozef, then to a Garda station to report him missing, and to the local hospital (irishtimes.com)
- whatJozef claimed to have self-inflicted the wounds to his abdomen (irishtimes.com)
- whatTracey pleaded guilty to coercive control, assault causing harm, false imprisonment and sexual assault. (irishtimes.com)
- whatMs Clifford contacted the gardaí in January 2022 reporting two years of physical and emotional abuse. (irishtimes.com)
- whatIn one incident Tracey pinned Ms Clifford against a wall, choked her, and threw her to the ground while they were out. (irishtimes.com)
- whatOther assaults occurred in his family home and included punching her to the stomach. (irishtimes.com)
- whatTracey sexually assaulted Ms Clifford and falsely imprisoned her by refusing to let her leave his bedroom. (irishtimes.com)
- whatTracey insisted Ms Clifford always have her location turned on in Snapchat. (irishtimes.com)
- whatMs Clifford recorded the messages because she was afraid he would cause her serious harm. (irishtimes.com)
- whatMs Clifford said she lost interest in school, hobbies and friends and was left with severe anxiety. (irishtimes.com)
- whatThe garda was shot in the leg when his submachine gun discharged. (irishtimes.com, irishmirror.ie)
- whatThe gun discharged one round. (irishtimes.com)
- whatThe garda was wearing a bulletproof vest, a pistol in a holster, and a submachine gun in a sling around his neck. (irishtimes.com)
- whatThe bullet went through the back of his left leg and ankle joint. (irishtimes.com, irishmirror.ie)
- whatThe garda had surgery and physiotherapy and was out of work for 18 months. (irishtimes.com)
- whatHis left ankle was shattered by the bullet (irishmirror.ie)
- whatHe was the driver of the patrol vehicle (jeep) (irishmirror.ie)
- whatHe was wearing a bullet proof vest with a pistol in a holster and a sub machine gun in a sling around his neck (irishmirror.ie)
- whatHe required surgery and physiotherapy and was out of work for 18 months (irishmirror.ie)
- whatHe claimed a failure to provide a safe place of work and that he was made to carry his firearm in close proximity in a confined space while wearing inappropriate personal protective equipment (irishmirror.ie)
- whereThe murder occurred along the canal towpath near Cappincur Bridge in Tullamore. (irishtimes.com)
- whereAll the accused have an address at Lynally Grove, Mucklagh, Tullamore, Co Offaly. (irishtimes.com)
- whereThe family of three brothers, their wives and 14 children lived in one house in Mucklagh, Tullamore (irishtimes.com)
- whereAll accused have an address at Lynally Grove, Mucklagh, Tullamore, Co Offaly (irishtimes.com)
- whereThe incident occurred within the confined space of a patrol vehicle. (irishtimes.com)
- whereHe was on patrol in an area with serious incidents including shootings (irishmirror.ie)
- whenThe murder took place on 12 January 2022. (irishtimes.com)
- whenOn 12 January, the day of the murder, Marek got up at about 12.30pm and Jozef was not home (irishtimes.com)
- whenGardaí arrested Jozef on the morning of 18 January and interviewed Marek that evening (irishtimes.com)
- whenThe offences occurred on dates between October 2020 and January 31, 2022. (irishtimes.com)
- whenThe incident occurred in July 2019. (irishtimes.com, irishmirror.ie)
- causeThe gun allegedly snagged on his bulletproof vest. (irishtimes.com)
- causeThe safety selector switch and trigger of the firearm snagged on his bulletproof vest. (irishtimes.com)
- causeThe gun discharged after the safety selector switch and trigger snagged on his bullet proof vest (irishmirror.ie)
- chargeMarek Puska and Lubomir Puska jnr are accused of withholding crucial information under the Offences Against the State, Amendment Act 1988. (irishtimes.com)
- chargeJozefina Grundzova and Viera Gaziova are accused of assisting in burning clothing between 12 and 14 January without reasonable excuse, intending to impede the apprehension or prosecution of Jozef Puska. (irishtimes.com)
- chargeGrundzova and Gaziova pleaded not guilty to offences charged under the Criminal Law Act 1997. (irishtimes.com)
- chargeLubomir Puska jnr, 35, is also accused of withholding information (irishtimes.com)
- chargeJozefina Grundzova and Viera Gaziova are accused of assisting in burning clothing between 12 and 14 January without reasonable excuse (irishtimes.com)
- courtThe trial is before Ms Justice Caroline Biggs and a jury at the Central Criminal Court. (irishtimes.com)
- courtThe trial is before Ms Justice Caroline Biggs and a jury of seven men and five women at the Central Criminal Court (irishtimes.com)
- courtThe case was heard at the Central Criminal Court before Ms Justice Melanie Greally. (irishtimes.com)
- courtThe garda brought an action against the Garda Commissioner, the Minister for Justice and the Attorney General. (irishtimes.com)
- courtMs Justice Denise Brett ruled that the media cannot identify the garda or any Garda witness. (irishtimes.com)
- courtLiability was admitted by the defence. (irishtimes.com)
- courtHe brought a High Court action against the Garda Commissioner, the Minister for Justice, and the Attorney General (irishmirror.ie)
- courtLiability was admitted in the case (irishmirror.ie)
- courtThe case was settled on the third day of the hearing (irishmirror.ie)
- courtThe judge ruled the Garda cannot be identified (irishmirror.ie)
- sentenceHeadline sentences totalling four years were set. (irishtimes.com)
- sentenceConcurrent sentences totalling three years were imposed with the final year suspended on strict conditions. (irishtimes.com)
- otherAll accused have pleaded not guilty (irishtimes.com)
- otherTracey has no previous convictions. (irishtimes.com)
- otherDonna Clifford waived her anonymity after sentencing to allow Tracey to be named. (irishtimes.com)
- otherThe court did not receive evidence of physical injuries. (irishtimes.com)
- otherTracey was 17 when the offending began and 18 going on 19 when it ended. (irishtimes.com)
- otherTracey had suffered from anxiety since childhood and was socially anxious. (irishtimes.com)
- otherMs Clifford was still in school when she started the relationship with Tracey. (irishtimes.com)
- otherThe garda had been in the force for more than 15 years at the time of the incident. (irishtimes.com)
- otherHe had been in the Garda force over 15 years at the time of the incident (irishmirror.ie)
The reporting
newest first- 23 May2025Garda who sued after he was shot by his own firearm settles High Court action
Reports the settlement of the High Court personal injury action; liability was admitted; the Garda's left ankle was shattered and he was out of work for 18 months; the judge ruled the Garda cannot be identified.
victim, male - 23 May2025Garda settles High Court case against State over submachine gun discharge
Reports the settlement and striking out of the unnamed garda's civil action against the State over a 2019 firearm discharge incident.
victim, male - 23 May2025‘I don’t think I can fully explain the impact this has had on me’: Man (21) jailed for coercive control of teen girlfriend
Sentencing report at the Central Criminal Court. Victim waived anonymity. Headline sentences totalling four years; concurrent sentences totalling three years with final year suspended on conditions including probation supervision and sex-offender and domestic violence therapeutic programmes.
victim, Donna Clifford, 21, female, irish (judged from name)Donna Cliffordconvicted, Martin Tracey, 21, male, named, irish (judged from name)Martin Tracey - 23 May2025Brother of Ashling Murphy murderer told gardaí back medication was affecting his memory
Trial testimony from Marek Puska describing his voluntary statement on 14 January 2022, his search for Jozef on the day of the murder, and his later account of Jozef returning home with visible injuries. Details of the prosecution's allegations against all five defendants outlined.
victim, Ashling Murphy, femaleAshling Murphysuspect, Jozef Puska, male, named, non-irish (judged from name)Jozef Puskasuspect, Marek Puska, 36, male, named, non-irish (judged from name)Marek Puskasuspect, Lubomir Puska jnr, 35, male, named, non-irish (judged from name)Lubomir Puska jnrsuspect, Jozefina Grundzova, 31, female, named, non-irish (judged from name)Jozefina Grundzovasuspect, Viera Gaziova, 38, female, named, non-irish (judged from name)Viera Gaziova - 22 May2025Gardaí sifted fireplace ashes at Jozef Puska’s family home while investigating Ashling Murphy murder
Trial testimony from eyewitness Jenna Stack describing the struggle and from Det Sgt Anthony Quinn on the fireplace ash examination at the Puska home; details of charges against all four defendants outlined.
victim, Ashling Murphy, 23, female, irish (judged from name)Ashling Murphysuspect, Jozef Puska, male, named, non-irish (judged from name)Jozef Puskasuspect, Marek Puska, 34, male, named, non-irish (judged from name)Marek Puskasuspect, Lubomir Puska jnr, 35, male, named, non-irish (judged from name)Lubomir Puska jnrsuspect, Jozefina Grundzova, 31, female, named, non-irish (judged from name)Jozefina Grundzovasuspect, Viera Gaziova, 38, female, named, non-irish (judged from name)Viera Gaziova