In 2005 David Kelly, a special branch detective, fell on his Uzi sub-machine gun during a training exercise at Kilbridge, County Wicklow. The court heard that he slipped on wet railway sleeper.
Kelly was training as part of the anti-terrorist unit, in Ireland, and is described by the Irish police as a marksman. The court also heard that Kelly had not heard the instructor warning him to avoid the wet sleepers.
The judge said that Kelly had not established enough evidence to show negligence against the States.
Kelly did however win $32,730 in damages in a claim against a Dublin taxi-man. He had been a passenger in the taxi when it collided with a police car.