BBC
Police officers representing themselves in a post-traumatic stress lawsuit will each face legal bills of at least £50,000 if they lose. Up to 5,500 officers sued over how they were treated for anxiety and depression suffered after decades of exposure to violence during the Troubles.
In 2007 a judge ruled there had been systematic failures in the force. But lawyers for the Chief Constable Matt Bagott said he will apply for costs if he wins, the High Court heard.
In 2007 the officers believed they secured victory when a judge ruled there had been systematic failures within the force.
Hopes of a multi-million pound compensation award were then dealt a blow when five test cases were rejected in 2009 by the Court of Appeal.
On Thursday lawyers for the chief constable said he has also ruled out any further mediation with the serving and retired members of the RUC and PSNI. They said he was prepared to do all he could to help secure treatment for them, but any demands for financial compensation should go through political representatives.
About 5,500 officers who lost a class action could now take cases as personal litigants. However, a judge was told that 66 officers have already confirmed they are now to represent themselves, while another 56 are seeking legal advice.
“Unchristian”
Although 674 of the plaintiffs who were on the books of one law firm do not wish to proceed, another 2,282 clients have yet to make their intentions known.
Nicolas Hanna QC, for the chief constable, said that since previous attempts at negotiations had failed his client’s position in the case had “improved immeasurably”. “The chief constable is unwilling to engage in further mediation. Having heard what the court has said he feels he would not wish to engender false expectations,” Mr Hanna said. Mr Hanna stressed Mr Baggott recognised the “suffering and sacrifice” made by the officers during years of service. “But sympathy and concern is one thing, legal liability is another, particularly where substantial public monies are concerned,” he said. “The advice he has received and continues to receive is that it is extremely unlikely any of the plaintiffs will ultimately be successful.”
Setting out the financial consequences for the officers if they lost their cases, the barrister emphasised the heavy workload which had gone into previous test cases which each ran for up to 11 days. “Doing the very best we can, we estimate that a further lead case is unlikely to run up costs for the defendant of less than £50,000. “I need to make it clear, the chief constable’s instructions will be to apply for costs, if he wins. “We are talking about very substantial public money and resources that have been tied up here.
“The chief constable has a very, very tight budget at the minute and this will come out of the Northern Ireland policing budget - his hands are tied.”
Some of those who plan to continue with their fight were in the public gallery for the review hearing. One of them, Trevor McIlwrath - who later described himself as a former CID officer who handled police agent Mark Haddock - told the court Mr Baggott was adopting an “unchristian attitude to officers who have suffered throughout their service”.
Mr McIlwrath added: “There are cases here of direct negligence by the chief constable which involved all of us in the court which are matters of great public interest which, if they do go to court, have the possibility of starting public inquiries. “You are talking about murder and mayhem that happened to all of us.”
After hearing from the officers Mr Justice Gillen indicated his plan was to identify six lead cases using a ballot system. The judge said he hoped these could then proceed later this year.
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