Sergeant to challenge Ombudsman's decision to investigate alleged harassment

Sergeant to challenge Ombudsman's decision to investigate alleged harassment

The High Court has today granted permission to a Co Donegal-based Garda Sergeant to bring a challenge aimed at quashing the Garda Ombudsman's decision to conduct an investigation into allegations that the Garda has harassed a man over a four-year period.

At the High Court, Garda Sergeant Oliver Moran, Kilmacrennan Garda Station, Co Donegal, who has been given permission to challenge the Garda Ombudsman commission's decision, under Section 84 of the 2005 Garda Síochána Act, to extend the six-month time limit for the completion of an investigation of a complaint by a Mr Josie Kelly that he was harassed by Sgt. Moran between 2003 and 2007.

Leave was granted by Mr Justice Michael Peart, following an ex-parte application. The Judge made the matter returnable before the High Court in early October.

In his proceedings Sgt. Moran is seeking a number of orders and declarations including quashing the Ombudsman's decision to extend time.

He is also seeking orders quashing the decision to investigate the complaint and an order quashing the decision that the complaint made against Sgt. Moran is admissible.

Sgt Moran is also seeking a declaration that the decision to extend time to conduct the investigation is in breach of natural and fair procedures.

James Connolly SC for Sgt. Moran, who has been stationed at Kilmacrennan since 1998 said that it was their case that the Garda Ombudsman lacks jurisdiction to make the decision to extend time, and on grounds that the decision lacked fairness of procedures.

Counsel said that under the act an investigation must be conducted within six months of a complaint being made to the Ombudsman. Counsel said that the six-month period can only be extended in exceptional circumstances.

Counsel said that in correspondence Sgt Moran sought to make submissions to the Ombudsman in relation to the decision to extend the six month period. However submissions were not were not accepted by the Ombudsman.

The court heard that last February Mr Kelly of Castledoe, Creeslough, Co Donegal, made a complaint to the Garda Ombudsman that he was harassed between 2003 and 2007 by Sgt Moran.

Mr Kelly has also complained that he was assaulted by members of the Gardaí in 2009 while in custody at Letterkenny Garda Station. However no claim of assault has been made against Sgt Moran.

More in this Section

Bloody Sunday Soldier F hearing set to be held in Belfast amid security fearsBloody Sunday Soldier F hearing set to be held in Belfast amid security fears

Teachers to strike on February 4Teachers to strike on February 4

Two people shot in BallymunTwo people shot in Ballymun

Tributes paid to Cork student following tragic killingTributes paid to Cork student following tragic killing


Bryan Stevenson is the American civil rights lawyer who provided the inspiration for the newly-released film Just Mercy. Esther McCarthy spoke to him in IrelandReal-life lawyer Bryan Stevenson on inspiring Just Mercy

So I’ve booked my holidays. And before you ask, yes, I’m basing it around food and wine. I’ll report back in July, but I thought readers might be interested in my plan should you be thinking about a similar holiday.Wines to pick up on a trip to France

Esther N McCarthy is on a roll for the new year with sustainable solutions, cool citruses and vintage vibes.Wish List: Sustainable solutions, cool citruses and vintage vibes

They have absolutely nothing really to do with Jerusalem or indeed with any type of artichoke, so what exactly are these curious little tubers?Currabinny Cooks: Exploring the versatility of Jerusalem artichokes

More From The Irish Examiner