A GARDA inspector has brought a High Court challenge to disciplinary proceedings in connection with his alleged inaction over uproar during an interview with a suspect arrested following the death of cattle dealer Richie Barron in Donegal 13 years ago.
Insp Sylvester Henry, Glenties Garda station, Donegal, says the disciplinary proceedings also relate to his alleged failure to read over notes and his alleged amalgamation of notes during interviews with suspects.
Feichin McDonagh SC, for Insp Henry, said his client was not found to be at fault by the Morris tribunal, which inquired into matters surrounding the Garda investigation into the death of Mr Barron in Raphoe in October 1996.
However, disciplinary proceedings were brought against him by the Garda authorities last year.
This failure to deal with the allegations against his client in an expeditious manner breached his right to fair procedures, counsel said. Mr McDonagh secured leave yesterday from Mr Justice Eamon de Valera to bring judicial review proceedings against the Garda Commissioner.
In an affidavit, Insp Henry said the allegations against him related to the interviewing of suspects during the Barron investigation. During an interview, it was claimed Insp Henry failed to act when he allegedly heard shouting and roaring from a room where an interview was taking place.
The Morris tribunal report had concluded in April 2008 that Insp Henry could have done more if he genuinely believed there was something untoward happening.