A COURT order which prevents the Garda Commissioner from repatriating a garda stationed in Cyprus following remarks he made to the Minister for Defence, Mr Barrett, at a drinks reception in Nicosia can be challenged, the High Court has ruled. Mr Justice Kelly yesterday fixed June 24th for the hearing.
Garda Michael Fitzpatrick was granted the injunction in April in an unprecedented Good Friday sitting of the High Court. The application was made ex-parte (in the absence of the other side).
The garda was also granted leave to challenge the decision of the Garda Commissioner by way of judicial review.
Yesterday, Mr Michael Cush, counsel for the Garda Commissioner, said that the injunction was made ex parte and would continue until the trial of the action.
Garda Fitzpatrick was due to finish his term in Cyprus in February next year. There was every possibility that the trial of the action would not be heard before then, and therefore the ex parte decision would be the determination of the action.
Mr Cush said that he was seeking to have a motion put in some time next term. He was also seeking an extension of time to file papers.
Mr Justice Kelly said he would give leave for a motion to be brought to seek or alter or discharge the injunction. He would extend the time for the lodge of papers until June 17th next gave leave for the motion to brought on the following Monday, June 24th.
At the Good Friday hearing, it was alleged in an affidavit by Garda John Scanlon that both Garda Fitzpatrick and the Minister were drunk at a reception in the Hibernian Club in Nicosia on March 15th last.
Garda Scanlon said that Garda Fitzpatrick asked the Minister about the home allowance paid to Irish police serving in Cyprus. The Minister seemed to become upset and accused Garda Fitzpatrick of being obsessed with money. The garda then remarked that if Fianna Fail was in power, it would increase this allowance.
The Minister then became very irate and said Garda Fitzpatrick was a disgrace, Garda Scanlon said. He said the garda would go no further.
The court was also told on Good Friday that an appeal by Garda Fitzpatrick against his repatriation to Ireland had been turned down by the Garda authorities.
In a subsequent statement, the Minister denied the allegations.