A TRAINEE garda who allegedly exposed himself while singing in a pub has been stopped from progressing to a further phase of his training course because an internal investigation has not concluded, it was stated in the High Court yesterday.
Mr Justice Kelly ruled that the Garda authorities were not in breach of a previous court order in refusing to allow Mr Gary Brian McAuley (27) to proceed to Phase IV of the fivephase training programme.
Phase IV consists of 36 weeks' training at selected Garda stations under the direction of training sergeants. Trainees on Phase IV are paid £12,500 a year plus allowances. Mr McAuley is at present being paid £54.78 net a week.
In December 1993, four months after he began training, Mr McAuley was informed that disciplinary proceedings would be instituted against him concerning an incident which allegedly took place at Allen's licensed premises, Templemore, on October 13th, 1993.
Mr Justice Kelly, in his judgment yesterday, said it was alleged Mr McAuley indecently exposed his person and assaulted a female trainee garda during that incident. He successfully challenged the disciplinary proceedings in the High Court.
Mr McAuley continued his training at Templemore. The authorities initiated a further inquiry into the alleged incident. They were entitled to do so having heard the judgment of the Supreme Court which had dismissed an appeal against the High Court decision.
On December 13th last in the High Court Mr Justice McCracken granted Mr McAuley leave to take judicial review proceedings in respect of the second investigation. He also granted an interlocutory injunction restraining the authorities from taking further steps in relation to the pub incident until the determination of the application for judicial review or further order.
In the events which had occurred, Mr McAuley contended the authorities had breached this injunction. It was said they had done so because they had prevented Mr McAuley from being attested and from progressing to Phase IV.
On March 27th Mr McAuley was notified that he would not he attested or assigned to a Garda station as the internal investigation had not concluded. He was informed he would remain in the Garda College and be assigned to the printing room.
It was claimed that the authorities' refusal to permit Mr McAuley to proceed to Phase IV was unfair and arbitrary and conflicted with Mr Justice McCracken's order.
The authorities submitted Mr McAuley had reached the necessary academic standard to move to Phase IV but the assessment of his professional development remained incomplete and it would not be possible to decide on it until final determination of the investigation in the alleged breach of discipline at the pub.
Mr Justice Kelly said he was satisfied any financial loss which Mr McAuley was sustaining by not having his salary increased to that of a Phase IV trainee could be recompensed in an award of damages should he be successful in the judicial review.
At the original High Court hearing, Mr McAuley, of Kempton Way, Navan Road, Dublin, denied he exposed himself in the pub. He also denied he opened his fly or lowered his trousers or interfered with his underclothing.
Mr McAuley was one of a group of male and female trainees from his class which went to the pub to celebrate a win in a soccer tournament. He sang the song It's Not Unusual. He admitted that as he returned to his place, he lifted the front of his Tshirt and put it over a female trainee's head for a moment. He denied he was drunk.