The Garda Commissioner has been given three weeks to file opposition papers over a detective’s claim that a flawed investigation into his loaning of a bicycle to a vulnerable neighbour during the Covid-19 pandemic caused him mental and physical illness, amounting to an injury while on duty.
Det Garda Eamonn Cunnane took a judicial review after An Garda Síochána refused to classify his sickness as a work-related injury, resulting in what the detective claims was an unfair reduction in his salary.
Cunnane is seeking to overturn a decision by Garda superiors refusing the restoration of his full pay for the six-month period, from March to September last year, which he claims was due to work-related stress.
At the High Court on Tuesday, Cunnane’s barrister, Sarah Cooney, successfully applied for a direction from Judge Mary Rose Gearty to order the Garda Commissioner to file opposition papers within three weeks or risk the matter being heard without any defence.
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In January, Cooney was granted permission to seek relief for her client who sought to quash the findings of a Garda inquiry that refused his application for a medical certificate, affecting his salary.
Cooney said Cunnane took his action against the Garda Commissioner over a decision last July confirming the refusal of his application for an “injury on duty” claim under Garda Code 11.37.
It was submitted that on May 4th, 2020, during the pandemic, the detective loaned the bicycle out of Garda storage and gave it to “an elderly, vulnerable and isolated man, in good faith”.
Cunnane submitted he was “acting with compassion during a time of unprecedented national emergency, and also at a time where the respondent [the Garda Commissioner] encouraged all gardaí to be rooted in their communities”.
The detective submits that this was an “act of kindness with no attempt to conceal or to profit”, that led to allegations against him of criminality, theft and negligence brought by Garda superiors, over the unclaimed bike he estimated was worth €50.
He submits that he had informed his supervisor on June 2nd, 2020, that he had loaned the bicycle to his neighbour and that he would bring it back to the station. However, the next day, gardaí secured a warrant to search the detective’s home.
On June 4th, 2020, the warrant was executed in what Cunnane claims was an action “in the nature of a dawn raid” on his home.
The detective submits that he voluntarily brought investigating members to his neighbour’s home and the bike was recovered. Cunnane was suspended that day, which began, according to his lawyers, a “four-year ordeal for the appellant”.
On April 17th, 2021, Cunnane was informed by the Director of Public Prosecutions that no criminal charge was to be brought against him. After that decision, an internal disciplinary investigation recommenced while Cunnane remained suspended from duty – from June 2020 until August 2023 – and concluded that he be reinstated on a limited basis.
He was later cleared of any allegation of misuse of Garda property. The Garda board said it was satisfied “that the applicant’s behaviour was indicative of his honest dealings”, it is claimed.
Cunnane returned to full-time duty in March 2024.
