Probationer Garda takes legal action in attempt to prevent dismissal

A probationer Garda has initiated a High Court challenge aimed at preventing his dismissal from the force.

The Garda, who cannot be named by court order, was made subject of a criminal investigation after he was arrested and his home was searched last year by gardaí after a warrant was issued under the Offences Against the State Acts.

Arising out of the allegations, the Garda, whose duties gave him access to firearms, was suspended over alleged irregularities concerning the possession, storage and processing of firearms and related materials and documents in his role.

He denies any wrongdoing and says, if given an opportunity, he will make a full defence to the allegations. He was informed earlier this year that the Garda commissioner proposed to dispense with his services arising out of allegations contained in a report complied by a senior officer.

Several incidents where it is alleged he failed to demonstrate conduct and behaviour to serve as an efficient and competent member were outlined in the report. The allegations include he was found in possession of items, including documents, keys to store rooms, utility belt handcuffs and other Garda accessories that he was not entitled to, or did not have permission, to possess.

Following the decision, the man’s lawyers made written submissions to the commissioner arguing against dismissal. They also asked the commissioner to confirm no further steps would be taken in the process until all the material relied on by the commissioner had been provided to the Garda and his legal team. It is claimed that the commissioner has not replied to the letter.

Failure

In seeking leave on Monday for a High Court judicial review, Mark Harty SC, for the Garda, told Mr Justice Denis McDonald there was a failure to provide his client with the background material needed to deal with the allegations.

Since sending the letter to the commissioner last month, there had been “complete radio silence”, which counsel said had left his client “in a vacuum”.

His client had also made a protected disclosure regarding his work with An Garda Síochána, counsel added.

In his action, the Garda claims, by making a determination that he is minded to dismiss, the commissioner has failed to act in accordance with Garda Discipline Regulations or the 2005 Garda Síochána Act. The commissioner failed to conduct an inquiry into the allegations against the applicant, or to advise him of the commissioner’s concerns about the allegations, before deciding that he intends to dismiss him.

These actions breach the Garda’s rights to fair procedures and natural justice, and otherwise in accordance with the presumption of innocence, it is claimed.

The Garda wants the court to quash the decision to dispense with his services as a probationary member and dismiss him from An Garda Síochána.

Permission to bring the challenge was granted on an ex-parte basis by Mr Justice McDonald, who adjourned the matter to late April.