Det Garda Noel McMahon, one of several Donegal-based gardaí at the centre of the Morris tribunal hearings, has succeeded in blocking a Garda disciplinary inquiry into alleged misconduct four years ago.
The sworn oral investigation was to have been heard in Letterkenny next Tuesday but has been postponed by order of the High Court pending determination of a judicial review challenging the legality of the inquiry.
Mr Desmond Dockery, for Det Garda McMahon, told Mr Justice Murphy yesterday it was a matter of public record that the detective garda was separated from his wife since the breakdown of their marriage. They had been living together at the time of the alleged breach of Garda discipline in 1999 when there had been a row or unhappy difference which had led to Det Garda McMahon telephoning the gardaí.
Mr Dockery said two gardaí, both junior to him, had arrived at the home where Det Garda McMahon had shown them a safety order issued against his wife under the Domestic Violence Act.
Det Garda McMahon had made a complaint about his wife's behaviour as a result of which she had been arrested on the strength of the order.
The disciplinary inquiry arose out of a claim by the Garda Commissioner that Det Garda McMahon had breached Garda regulations by failing to inform the arresting gardaí of a letter from the local district court clerk stating that the safety order had been issued in error. Mr Dockery said the Commissioner was alleging the gardaí had been shown the safety order but not the letter from the district court clerk.
Mrs McMahon was held in custody for an hour before the matter had been clarified.
Mr Dockery told Judge Murphy he was asking for leave to seek a judicial review to quash the Garda Commissioner's decision to hear and determine allegations against Det Garda McMahon next Tuesday.
He made the application on the grounds that the Commissioner had been guilty of excessive, unjustified and inexplicable delay in dealing with the matter and in setting a date for the internal inquiry. Mr Dockery said Det Garda McMahon was currently fully engaged in dealing with the Morris tribunal and the proposed hearing next Tuesday could not have come at a worse time.
Mr Justice Murphy said Det Garda McMahon had made "an arguable case" and granted leave to seek a judicial review. It was clear from Garda regulations that matters of discipline should be dealt with speedily and as a matter of urgency.