A garda has lost his High Court bid to stop a disciplinary inquiry into alleged misconduct arising from allegations that he had physically assaulted two boys six years ago.
The case arose out of an alleged incident which occurred while the two boys and the son of the garda were attending swimming classes at GormanstoCollege in Co Meath.
Garda Brendan Ruigrok, stationed at Skerries, Co Dublin, had also sought a declaration from the High Court that the failure by the Garda Commissioner to investigate the matter speedily breached his entitlement to fair procedures.
In a reserved judgment yesterday, Mr Justice Roderick Murphy said Garda Ruigrok had not demonstrated that he had suffered any specific prejudice in relation to the delay such as would entitle him to the reliefs sought.
Garda Ruigrok had claimed the delay of three and a half years in investigating the alleged breach of discipline on November 29th 1999 was inordinate and inexcusable and breached his right to constitutional justice and fair procedures.
In an affidavit, Garda Ruigrok said a complaint was made on November 28th, 2000 against him over an alleged incident on November 29th, 1999.
The Garda said both he and the complainant had sons who attended swimming classes at Gormanston College in November 1999.
The father of the two boys alleged the garda had physically assaulted his sons at Gormanston College. Garda Ruigrok said he vehemently denied any allegation of wrongdoing.
Garda Ruigrok said it was his own son who was the victim of bullying on the occasion in question.