A GARDA has lost a Supreme Court bid to stop the reactivation of an internal inquiry into the alleged accessing of child pornography on a computer at Garda Headquarters.
The Garda authorities sought in 2005 to resume the internal inquiry into Garda Darach A Kennedy’s alleged conduct after the Director of Public Prosecutions dropped a prosecution against him over the matter.
Garda Kennedy applied to the High Court to stop it but was refused last year when that court ruled there was no breach of regulations on the basis of delay in holding the inquiry.
He appealed that refusal to the Supreme Court which yesterday agreed with the High Court decision on the delay issues.
Ms Justice Fidelma Macken, presiding at the three-judge court, said the inquiry had been initiated “as soon as practicable” in accordance with the Garda regulations. Given that finding, other issues raised by Garda Kennedy did not apply, she added.
Costs were also awarded against the Garda.
Agreeing with the High Court Garda Kennedy failed to bring his challenge promptly, Ms Justice Macken said it was very clear there were two specific dates which could have triggered the challenge to the internal inquiry.
The first was January 15th, 2004, when it was decided to suspend the internal disciplinary inquiry pending the outcome of the criminal proceedings.
The second date was sometime after the criminal case had been dropped in May 16th 2005 when Garda Kennedy received a phone call from a Chief Supt informing him the internal inquiry was to be resumed.
Ms Justice Macken said the court was satisfied, on both of those dates, the issues facing the garda would have been crystallised.
However, he did not bring his High Court proceedings until September 2005 and had therefore not moved promptly in accordance with the rules of superior courts governing the timing of proceedings.
Garda Kennedy (44), Dunshaughlin Garda Station, had sought an order restraining the Garda Commissioner holding a sworn inquiry into his conduct or from progressing disciplinary proceedings into alleged breaches of discipline.
The inquiry is to deal with allegations he accessed pornographic websites, including websites with images of child pornography, on a computer in the purchasing support office of Garda HQ between 2000 and 2002.
He was suspended in May 2003 when he was charged over the matter. He was subject to an internal disciplinary inquiry between July 2003 and January 2004 which was suspended pending the outcome of the criminal proceedings. Those proceedings ended in February 2005 when the DPP dropped the charges.
The inquiry was due to resume in 2005 but Garda Kennedy brought High Court proceedings challenging it mainly on grounds of delay.
The High Court ruled he was not prejudiced by the delay and also refused his application, on discretionary grounds, because he had failed to bring his High Court proceedings promptly.