Challenge to holding of inquiry allowed

A detective sergeant who has testified before the Morris tribunal has secured High Court permission to take proceedings aimed…

A detective sergeant who has testified before the Morris tribunal has secured High Court permission to take proceedings aimed at quashing a decision of the Garda Commissioner to direct a sworn inquiry into alleged breaches of discipline by him.

Det Sgt John White, Ballybofey, Co Donegal, yesterday got leave from Mr Justice Kearns to bring his application for judicial review on the grounds that the commissioner had been guilty of unwarranted and unexplained delay in directing the holding of the inquiry.

He was also allowed to challenge the holding of the inquiry on the grounds that the "presenting officer" on behalf of the commissioner "has a particularly vested interest" in that he is an officer against whom Det Sgt White and his wife have made allegations of harassment.

The hearing for leave to bring judicial review proceedings was on notice to the Garda Commissioner, represented by Mr Paul O'Neill, who successfully argued that a number of other grounds of complaint made on behalf of Sgt White should be rejected.

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