AN APPEAL by Garda Michael Fitzpatrick against his repatriation to Ireland following an incident with the Minister for Defence in Cyprus had been turned down by the Garda authorities, Mr Pat O'Connell, counsel for Garda Fitzpatrick, told Mr Justice Carney.
Mr O'Connell read a letter from Assistant Commissioner Hugh Schreenan, to Chief Supt Culhane at the UN's Irish Civil Police headquarters in Cyprus.
In it the Assistant Commissioner said he was not prepared to alter the decision.
"I do not accept that Garda Fitzpatrick was not given an opportunity to offer a defence on his behalf or that he was not aware of the allegations against him," the Assistant Commissioner said.
"It is clear from his own letter in which he expresses an apology for his behaviour, that he was fully conversant with the allegations against him. He did have an opportunity to offer a defence both at the time he wrote the said letter and subsequently in his meeting with Chief Supt Culhane when he was informed of the decision to repatriate him.
"It is accepted that the repatriation will cause inconvenience to himself, his wife and family. However, these are matters outside our control and are directly attributable and consequential to his own behaviour which led to the decision on his repatriation..."
In.a letter to the Garda Commissioner on April 4th, Hughes Murphy & Co, Garda Fitzpatrick's solicitors, noted Garda Fitzpatrick had been directed to return home on April 6th. The letter, read out in court by Mr O'Connell, denied any breach of discipline in the course of the conversation with Mr Barrett and claimed that any such breach had to be dealt with under the Garda Siochana (Discipline) Regulations 1989.
"The decision to transfer our client home amounts to the imposition of a penalty which is ukra vires the Memorandum of Understanding, the Disciplinary Regulations and the agreed procedures for such transfers," the letter stated.
We hereby notify you that unless we receive confirmation from you by 430 pm. this afternoon that the transfer has been reversed we have instructions to apply to the High Court for leave to review your decision and will do so without further notice."