A trainee garda who denied he exposed himself during a Tom Jones impersonation in a pub is appealing to the Supreme Court a legal decision allowing the Garda to reopen disciplinary proceedings against him. Mr Shane Murphy, counsel for Garda Brian McAuley, told the Supreme Court yesterday his client was at present "in limbo" in the Garda college in Templemore and was anxious to have an early hearing of his appeal.
Ms Justice Denham, presiding, fixed January 21st as the appeal date. She said Mr McAuley could apply to the court if an opportunity arose for a hearing before then.
Mr McAuley (27), of Kempton Way, Navan Road, Dublin, is appealing a High Court decision allowing the Garda to reopen a disciplinary hearing against him in relation to an incident which allegedly occurred at Allen's licensed premises, Templemore, on October 13th, 1993.
It was alleged that Mr McAuley indecently exposed his person and assaulted a woman trainee. Mr McAuley has denied he exposed himself or opened or lowered his trousers or interfered with his underclothing.
He said he had sung the Tom Jones song It's Not Unusual and admitted that, as he returned to his place, he lifted the front of his T-shirt and placed it over a female trainee's head for a moment. He denied he was drunk but admitted he had had seven or eight pints of beer.
In December 1993, Mr McAuley was told that disciplinary proceedings would be instituted against him. He successfully challenged that in the High Court but that court's decision was appealed to the Supreme Court.
The Supreme Court ruled that Mr McAuley could remain in the Garda. iochana. However, it also ruled that he was not entitled to an order prohibiting the Garda Commissioner from taking further disciplinary proceedings provided they accorded with the disciplinary code and the requirements of natural and constitutional justice.
The authorities began a further inquiry, but Mr McAuley challenged that and secured leave to begin judicial review proceedings. Last June, the High Court ruled the Garda could proceed with the inquiry. Mr McAuley is now appealing that decision to the Supreme Court.