THE High Court has upheld the findings of the Garda Complaints Appeal Board that a garda failed to carry out a proper investigation into allegations about a youth arrested for allegedly interfering with a car. The youth claimed he was in St Patrick's Institution at the time.
Mr Justice Murphy yesterday dismissed an appeal by Garda Chris Grant, based in Blackrock, Co Dublin, against a finding that he was guilty of a breach of discipline. The judge said on November 23rd, 1992, the juvenile was identified to Garda Grant and another garda as the person who had interfered with a car.
He was charged in Blackrock Garda station. The following January, Garda Grant withdrew the charges and said the youth could not be positively identified as the person who interfered with the car. It was contended Garda Grant had been told at the time of arrest the youth was in St Patrick's Institution when the interference took place.
A Garda complaints tribunal found that following the youth's arrest on November 29th, 1992, Garda Grant "should have carried out further inquiries" before charging him. A reduction of two weeks pay was imposed.
Garda Grant appealed to the board which decided he was guilty of an alternative breach of discipline that he "did not carry out a proper investigation" and imposed the same penalty.
Garda Grant claimed there was a failure to adjudicate using the criminal standard of "proof beyond all reasonable doubt". Mr Justice Murphy held the appropriate standard for the complaints tribunal to apply was the "balance of probabilities" and not the standard appropriate to criminal proceedings.