Two gardaí at the centre of the "Reclaim the Streets" protest last May have begun High Court proceedings to stop the Garda Síochána Complaints Board from taking any further proceedings against them.
Garda Donal Corcoran and Garda David Gorman claim the investigation by the Board into the complaints against them has been "wholly compromised" by comments by the Board's chairman, Mr Gordon Holmes.
Mr Holmes last month expressed concern at a "general lack of co-operation" from gardaí on duty on the day of the protest. He said he couldn't help feeling that many gardaí had put loyalty to their colleagues ahead of that to the force.
Forty one complaints were made by members of the public about gardaí involved in policing the "Reclaim the Streets" event, most alleging excessive use of force. The complaints include four alleging that Garda Corcoran, attached to Mountjoy Garda station, Dublin, used excessive force against a number of people.
Garda Gorman, attached to Pearse Street garda station, is the subject of one complaint alleging that he was policing the protest without wearing identification letters and numbers of his shoulders.
At the High Court today, Mr Breffni Gordon, for both gardai, applied for leave to take judicial review proceedings aimed at preventing the Garda Siochana Complaints Board from taking any further steps in its investigation into the complaints against his clients.
Both gardaí are arguing that the Board, and its chairman, Mr Holmes, have effectively prejudged the issues under investigation in comments made at a press conference convened by the Board on November 18th and in media interviews, particularly comments by Mr Holmes about the failure of certain gardaí to identify other gardaí who were alleged to have wielded batons against protesters.
Mr Justice O'Neill refused to grant a stay on the Board's investigation at this stage but said it was open to counselto apply for such a stay at any time. He returned the matter to December 16th.