A Cyprus based garda who made an alleged remark to a Government Minister at a drinks reception in Nicosia last March will have to come home, the High Court ruled yesterday.
The court decided that the garda would have to be repatriated pending the full hearing of the action he is taking against the Garda Commissioner.
The Commissioner decided to repatriate Garda Michael Fitzpatrick (31), married with one child, following the alleged remark to the Minister for Defence, Mr Barrett, at the Hibernian Club, UNPA headquarters, Nicosia, on March 15th.
Garda Fitzpatrick's tour of duty with the UN was not due to end until next February. On April 5th, he was granted an injunction by the High Court restraining the Commissioner transferring him from Cyprus.
Last week, the High Court heard an application for a permanent injunction pending a full hearing of the case to prevent Garda Fitzpatrick's repatriation.
In his reserved judgment yesterday, Mr Justice Kelly turned down the application for an interlocutory injunction. There will be a full hearing of the case and this is unlikely to be for some months.
The judge said he was satisfied that the repatriation at this juncture even if unlawful, would not give rise to any irreparable loss or damage to Garda Fitzpatrick. All of the losses and damage which had been adverted to were, in his view, perfectly capable of being compensated for by an award of" damages.
Mr Justice Kelly said Garda Fitzpatrick had served as a garda in Blackrock, Co Dublin and in Scotstown and Carrickmacross Co Monaghan. On January 3rd he was deployed with the UN civilian police in Cyprus.
On March 15th, a reception and medal parade of the Irish Defence Force contingent was held bin Cyprus. Guest of honour was the Minister for Defence.
During the reception afterwards in the Hibernian Club an incident occurred, said Mr Justice Kelly. It was no part of his function at this stage to make any findings concerning precisely what occurred. Indeed, he was precluded from doing so.
For the purposes of the application now before the court, he would accept the version of events in Garda Fitzpatrick's March report.
In the report, Garda Fitzpatrick said they had been discussing at work their home allowances payment and what could be done to have them increased. He foolishly took it upon himself to ask Mr Barrett if he would do anything to have them increased.
"Minister Barrett told me I was getting more than the Irish Army UN personnel and I should be apply in Cyprus. I replied jokingly `Ah well, if Fianna Fail were in power, they would change them.' Mr Barrett became very angry and told me I had insulted him. I later apologised to him.
"I now formally apologise to Minister Barrett for my actions. At no time did I intend to insult or hurt his feelings or those of his friends. My very much regretted statement was said in jest and not meant to hurt Minister Barrett. I am truly sorry for what I said."
The garda's report said there was a free bar at the reception. He did not like to use alcohol as a excuse for his stupid remark but it had been a contributory factor.
Mr Justice Kelly said a report written by an inspector who attended the reception asserted that Garda Fitzpatrick's behaviour was rude, insensitive and downright stupid.
Mr Barrett, the report continued, was extremely friendly to everyone at the function. He did not deserve to be insulted by a political remark made by a garda.
On receipt of the inspector's report, a chief superintendent sent his own report to the Commissioner recommending that Garda Fitzpatrick be repatriated.