Kenneth Francis Maguire Cic [1991] ACTSC 109 (12 December 1991)

SUPREME COURT OF THE ACT

KENNETH FRANCIS MAGUIRE
C.I.C. No. 55 of 1989
Criminal Injuries Compensation

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Master A. Hogan(1)

CATCHWORDS

Criminal Injuries Compensation - Assault - Discharged Pistol - Intent to Murder - Post Traumatic Stress Disorder

Criminal Injuries Compensation Act 1983

HEARING

CANBERRA
12:12:1991

ORDER

Compensation be awarded to the applicant in the sum of $8,613.00.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983.

2. The applicant is a doctor who specialises in sports medicine, at present living in Perth in Western Australia. From January 1982 to January 1983 and from August 1985 until January 1989 he was employed part-time as a sports physician at the Australian Institute of Sport in Canberra.

3. At about 3.45 pm on Tuesday 26 July 1988, he became aware that some kind of an emergency was occurring in the room of Mr Bond, a sports psychologist whose office was on the first floor of the building in which Dr Maguire was working. He went upstairs, knocked on Mr Bond's door and then walked a few paces down the corridor. He heard the door open. He returned to the doorway. Within the room and to the left a Ms Joanne Baumgartner was standing with a pistol held at arms length and pointing towards him. She was known to him as an expert pistol shooter. He leant to his left and started to run out of the doorway. The pistol was discharged. The bullet barely missed him and went through the walls and a door nearby. He was in fear of his life, as the shot appeared to be directed at his head and neck and obviously could have inflicted a fatal wound.

4. On 11 September 1989 Ms Baumgartner was indicted in this Court on a number of charges, including shooting at Dr Maguire with intent to murder him, maliciously discharging a loaded firearm with intent to do grievous bodily harm to him and assault. She was acquitted on all counts.

5. After the incident the applicant had a great fear of going back to his workplace. Ms Baumgartner's conduct appeared completely irrational, and he naturally had a fear that she would return to harm him, his family or his staff.

6. On Thursday 4 August 1988, the applicant spent some time with Mr Backhouse, Chief Police Psychologist who was attempting to debrief both him and Dr Bond in order to help their recovery. In the opinion of Mr Backhouse the applicant was suffering from traumatic stress. He exhibited signs of hypertension and hypervigilance and complained of flashbacks, insomnia and poor concentration.

7. Dr Fricker who is the coordinator of sports medicine at the Institute of Sport had seen him very soon after the incident and confirmed that he was in shock. He observed that the applicant was still shaken for a number of weeks afterwards, although he continued to work. He was employing, naturally, various mechanisms for alleviating the stress, including open discussion of the problems and continuing his professional work as well as he was able.

8. Since relocating to Perth he has had a reluctance to be involved with athletes who compete in gun related sports. He feels that this has led to a loss of his professional development and opportunity for promotion to teams supporting athletes at the Olympic Games.

9. The evidence does not support a positive finding that he has lost any such opportunity with any degree of certainty, but I accept that the incident may well have had some effect on his chances.

10. He incurred medical expenses totalling $463.00.

11. In my opinion a proper compensation for his pain and suffering is the sum of $8,000. I award the sum of $463.00 for his financial loss. The expenses of bringing the application were $150.00. I award total compensation in the sum of $8,613.00.