A GARDA has brought a High Court challenge to a decision extending her probationary period which she says was unjustified after she was acquitted of an alleged assault
Previous court proceeding had resulted in the acquittal of herself and three other gardaí of charges related to alleged assault of a man.
She claims her probationary period should have expired on November 2008 but had been wrongly extended due to the incident. Feichin McDonagh SC, for Garda Claire Delaney, yesterday secured leave to challenge a decision of the Garda Commissioner directing that the probation of Garda Delaney be extended from a period of six months from November 11th, 2011, to May 15th this year.
Counsel submitted Garda Delaney was suspended from duties on February 25th, 2008, as a result of her alleged involvement in an alleged incident perpetrated by gardaí on February 17th, 2008, which formed the subject of a complaint by Owen Gaffney of Basin Street Upper, Dublin.
On November 5th, 2008, the Garda Commissioner made an order directing Garda Delaney’s probationary period be extended for a period of six months from November 16th, 2008, to May 15th, 2009, on grounds he was not satisfied she had demonstrated an ability to perform the functions of a member of An Garda Síochána efficiently and in a manner befitting a member of the Garda.
Garda Delaney had not been subject to any lawful extension of probation, it was argued.
In court documents, it was stated Garda Delaney was charged with forcible entry and assault upon Owen Gaffney on February 17th, 2008, and returned for trial before Dublin Circuit Criminal Court. The trial began in June 2011, lasted 25 days and resulted in her being acquitted by a jury on a unanimous verdict. Mr Gaffney had a history of resisting arrest and had previously broken a Garda’s jaw, the trial heard.
Mr Justice Peart was told yesterday Garda Delaney had assumed, following her acquittal, her period of suspension would be brought to an end and the suspension was ended on August 8th, 2011.
The relevant regulations did not permit the commissioner to extend her period of probation and that was done without jurisdiction and contrary to fair procedures, it was claimed.
The judge granted leave to challenge the Garda Commissioner’s order.