A trainee garda who was told his services were no longer required three days before he was due to graduate won a High Court challenge to the Garda Commissioner's decision to dismiss him. Mr Justice Herbert said yesterday the authorities must set up a new inquiry into allegations against Mr Declan Healy and reconsider the matter in accordance with the principles of natural and constitutional justice.
The commissioner's decision to dismiss Mr Healy (27) followed claims by two men that they were assaulted by him. Mr Healy, of Ormond Cottage, Palmerstown, Rathmines, Dublin, had argued the decision to dismiss him was irrational and groundless.
In his reserved judgment, Mr Justice Herbert said Mr Healy had not been afforded a proper hearing or fair procedures and, accordingly, the decision of the commissioner must be set aside. He said Mr Healy was given an altogether insufficient period to make a submission to the commissioner showing why an order should not be made under Garda regulations dispensing with his services.
A decision on costs was deferred until lawyers in the case have had time to consider the judgment.