A Garda has challenged disciplinary proceedings brought against him for allegedly failing to record and secure bags containing precious jewels, with an estimated value of some €3,000, which were handed into a Dublin Garda station but cannot now be found.
The jewels were handed in on September 19th, 2001, by a man who said he found them earlier on the Clonskeagh Road, Dublin. The court was told that a rule provides that after a year and a day, the person who found such property is entitled to the property if it remains unclaimed.
Disciplinary proceedings were initiated against Garda Mark Gibbons, a Garda sergeant and another garda after the man complained of being unable to claim the jewels because they could not be found. The court was told a receipt had not been given to the finder when the jewels were handed in.
Garda Gibbons, Kevin Street station, is seeking to halt the disciplinary proceedings on grounds that his right to fair procedures has been breached by the failure to deal with the matter expeditiously. The case concluded yesterday and judgment was reserved.
In an affidavit, Garda Gibbons said that on October 1st, 2002, he was asked by a sergeant if he knew anything about lost property which had been handed into Kevin Street in September 2001. He conducted a search and told the sergeant he could not help him as he had no recollection of any items being handed into the station on the date in question.
He was told in July 2005 that an investigating officer had been appointed to investigate an alleged breach of discipline. In January 2006, he was told a sworn inquiry was due to begin at Pearse Street station on March 7th that year.
Given the lapse of time, he said, he was prejudiced in respect of his defence and it was a source of considerable stress and upset that his record could be tarnished by reason of his inability to properly defend the allegation.
Chief Supt William Donoghue said in an affidavit there was no delay in investigating once Garda Gibbons was identified as being allegedly negligent.