A High Court judge has thrown out a case in which a Co Mayo woman sought to have €30,000 returned to her which she paid to a Garda Superintendent to have a theft prosecution quashed.
Ms Justice Mary Finlay Geoghegan dismissed the application by Ms Margaret McGreal (55), of Balla, Co Mayo, for the return of the money against the Garda Commissioner.
Ms McGreal had alleged that Garda Superintendent Patrick Doyle of the Westport division had sought the €30,000 payment from her in order to prevent her being prosecuted for the alleged theft of €582 from a children's clothes shop in Castlebar run by Ms Bernie Doyle, wife of the superintendent.
Ms McGreal claimed that, despite having paid over the €30,000, she received summonses indicating she was being prosecuted for the theft of €582.
The DPP subsequently withdrew that prosecution.
Ms Justice Finlay Geoghan described as "disquieting" the factual background to the case.
From an affidavit sworn on behalf of the Garda Commissioner, it appeared an inquiry was conducted and that the sum of €30,000 was in a bank account in the joint names of the Doyles and the money was not received by the Commissioner nor put into any official Garda fund, the judge said.
Ms Justice Finlay Geoghegan said none of the grounds in the statement which had grounded Ms McGreal's judicial review proceedings supported a claim for a declaration against the Garda Commissioner. None of the grounds were directed to the issue of the return of the €30,000.
Because of that omission from the statement of grounds, the judge said the court must dismiss Ms McGreal's application for a declaration against the Commissioner.