A FEMALE Garda who had a relationship with a senior male colleague allegedly involved in criminal activity has brought a High Court action aimed at preventing her dismissal from the force.
Andrea Fitzharris (26), attached to Kilkenny Garda station, has sued the Garda Commissioner over a decision to appoint a Garda inspector to investigate whether her services as a garda should be dispensed with.
She claims the investigation is unfair and should be stopped.
Garda Fitzharris is seeking an order quashing the commissioner’s decision proposing to dispense of her services under Regulation 16 of the Garda Siochána (Admissions and Appointment) Regulations 1988.
She also wants injunctions restraining the commissioner from dispensing with her services and continuing with an investigation under regulation 16.
She wants a stay on the investigation pending the outcome of her action.
Leave to bring the challenge was granted on an ex-parte (one side only represented) basis by Mr Justice Michael Peart, who also granted Garda Fitzharris a temporary injunction preventing her dismissal.
The matter has been returned to next month.
While stationed in 2010 at Sundrive Garda station in Crumlin in Dublin, Garda Fitzharris was involved in a personal relationship with a senior colleague, the court was told.
While that relationship ended after eight months, during the course of it she became privy to and witnessed criminal activity allegedly committed by the garda with whom she was involved, counsel said.
Garda Fitzharris, a probationer, was herself implicated in some allegedly criminal and wrongful activity, namely the possession of a controlled substance, and the improper swearing of a warrant, he said.
After ending the relationship in late 2010, Garda Fitzharris had made a full and detailed statement to her superiors and those statements formed the basis of an investigation by the National Bureau of Criminal Investigation.