A garda has secured leave from the High Court to seek an order prohibiting the Garda Commissioner from holding an inquiry into allegations against him.
The granting of leave acts as a stay on the inquiry pending the outcome of the legal action.
The court was told the commissioner had decided in December to hold a sworn inquiry into allegations against Garda Patrick Farrelly, who has been suspended since March 1998 on 75 per cent pay.
The inquiry opened at Drogheda Garda station on January 11th and was due to continue today.
However, yesterday Garda Farrelly, with an address in Dundalk, was granted leave by Mr Justice Michael Hanna to seek an order, by way of judicial review, quashing the decision of the Garda Commissioner of December 13th to proceed with the inquiry.
In applying for leave, Garda Farrelly's counsel Patrick Purcell argued that the continuation of the proceedings would be oppressive, unjust and unfair to his client.
He also contended that failure to supply all documentation and exhibits regarding the investigation of the alleged breaches of discipline against Garda Farrelly prejudiced his chance of obtaining a fair hearing and prejudiced him in the preparation and presentation of his defence.
It was argued that continuation of the disciplinary inquiry and the investigation of his conduct concerning the alleged possession of a stolen Honda Civic car in 1996, the selling then of the car to another garda, and possession of a Saab car between October 1996 and 1998 was an abuse of process.
Garda Farrelly had been acquitted of a charge relating to the Honda Civic by direction of a Circuit Court judge in July 2002 and a nolle prosequi was entered in respect of the Saab in November 2002.