Two Garda sergeants who claim that for nine years they have lived under a "shadow of suspicion" of having been participants in the wrongful arrest, imprisonment and assault of a Dublin man yesterday began a High Court challenge against a disciplinary inquiry into their alleged actions.
The sergeants have said they had no involvement in the assault on Mr Derek Fairbrother. They are challenging a disciplinary inquiry into allegations that one of them, Sgt Christopher McCarthy, called an ambulance for Mr Fairbrother but then sent it away without good cause and that other, Sgt John Dennedy, would not allow Mr Fairbrother's family visit him in the Garda station.
Sgts McCarthy and Dennedy, of Finglas Garda station, Dublin, were among witnesses who gave evidence at a 1992 court action brought by Mr Fairbrother, Mays Cross, The Ward, Co Dublin. He settled his action against the State for £375,000 and costs.
Mr Fairbrother alleged that he was wrongfully arrested, imprisoned and seriously assaulted on June 12th, 1988. The two men have initiated proceedings against the Garda Siochana Complaints Tribunal and the Garda Siochana Complaints Board. They are seeking an order prohibiting the tribunal from holding an inquiry and are also seeking damages.
In their statement of claim, the two sergeants allege their careers have been stagnant since the incident in June 1988 and that they have been ignored for promotion. Mr Patrick Hanratty SC, for the men, said the board's original investigation had been into a complaint by Mr Fairbrother that he was wrongfully arrested, imprisoned and assaulted. At some stage the complaint was transferred into a different complaint. By mid-1994 the sergeants found they were facing a tribunal of inquiry into two separate matters. These related to the alleged sending away of an ambulance and refusal of a family visit.
The Complaints Board had, in August, 1988, considered a senior garda's report of an investigation into Mr Fairbrother's complaint and decided to refer the matter to the Director of Public Prosecutions. The DPP decided not to prosecute.