Two Co Wicklow gardai who were confined to desk duties after they lodged complaints against Judge Donnchadh O Buachalla, a friend of Catherine Nevin, have been reinstated to full policing duties.
Garda Michael Murphy and Garda Vincent Whelan, both stationed in Arklow, were informed yesterday afternoon of the decision. They had been restricted to desk duties for the past five years.
"We feel completely vindicated and are looking forward to doing the job we took an oath to do," Garda Murphy said.
In 1992 Garda Murphy and Garda Whelan were investigated by their superiors after Catherine Nevin, who ran Jack White's Inn with her husband, Tom, made a series of allegations against them.
Nevin claimed that Garda Murphy had sexually assaulted her and a 15-year-old female relative and alleged that Garda Whelan was corrupt. The DPP found no grounds for the allegations.
According to the two gardai, Judge O Buachalla treated them unfavourably during sittings of Arklow District Court. In one session, Garda Murphy said he had over 20 road traffic summonses dismissed by the judge.
A Garda spokesman said yesterday that the Commissioner, Mr Pat Byrne, had decided after reviewing the case that the two men should be returned to normal duties.
Judge Frank Murphy will today preside over a preliminary sitting of the inquiry into the handling by Judge O Buachalla of the transfer of a pub licence into the sole name of Catherine Nevin after the murder of her husband.
In his evidence at the murder trial, Judge O Buachalla denied having an affair with Nevin, who was subsequently convicted of murder and of soliciting men to kill her husband in Jack White's Inn in March, 1996.
Today's session in King's Inns will decide the venue and time of the inquiry and the procedures to be followed. Applications for legal representation will be considered. The inquiry will begin later this month.
Five other Co Wicklow gardai, three of whom were involved in the Nevin murder investigation, have also lodged complaints against Judge O Buachalla. It has not been confirmed whether these complaints are within the remit of the inquiry. Judge Murphy may also rule on this today.
The five have claimed that their cases were struck out and that the judge ignored them outside the court. One source commented: "His attitude changed overnight . . . at the first court after the murder, on April 15th, 1996."
Ms Liz McManus, Labour Party TD for Wicklow, yesterday welcomed the reinstatement of the two gardai. "Being confined to desk duties has resulted in financial loss for the two gardai as they do not have the same opportunities for overtime as other members of the force. It has also restricted their promotional opportunities," she said.
She added that it was appropriate that the two men had been reinstated before the outcome of the Murphy inquiry into Judge O Buachalla.