A garda has taken High Court proceedings seeking to quash a decision of the Garda Complaints Board (GCB) which convicted him of breaches of discipline and required him to retire or resign as an alternative to dismissal.
Mr John Rogers SC, for Garda Thomas O'Daly, Auburn Heights, Athlone, Co Westmeath, said his client claimed the GCB had failed to comply with principles of natural and constitutional justice, and had failed to discharge themselves from the case after being requested to do so by Garda O'Daly's lawyers.
In an affidavit, Garda O'Daly said he appeared before the GCB on February 21st last and denied allegations that he gave confidential information to a man whose house was searched by gardai for a firearm a couple of years previously.
That information, it was alleged, referred to a phone call received from another person which led to the search for a firearm.
Garda O'Daly said his lawyers repeatedly objected to what was alleged to be hearsay evidence and also objected to an adjournment sought by the presenting officer in order to allow a witness appear to give evidence.
Garda O'Daly said his counsel objected because, since the complaint was made in 1998, Garda O'Daly had been stationed at Cabra Garda station while his wife and children were living in Athlone. His lawyer had argued this situation put the garda in limbo.
The GCB chairman, Mr Terence Cosgrave, was alleged to have said: "With respect, given a certain taste, limbo is not the worst possible place to be."
Garda O'Daly said he told the GCB he had not given any confidential information. He had also denied that he paid £50 as a reward for not making a statement to the person to whom it was alleged he gave confidential information.
When that person gave evidence to the GCB hearing, Garda O'Daly said his counsel had objected, claiming the person's statement had not been served on Garda O'Daly, and this amounted to trial by ambush.
The chairman permitted the evidence, and under cross-examination the person had admitted he had carried out 22 armed robberies of banks in England between 1976 and 1978 and had been in prison.
Garda O'Daly said that the board found him guilty of abuse of authority and corrupt or improper practice and required him to retire or resign as an alternative to dismissal.