Detective blocks disciplinary inquiry

A DETECTIVE at the centre of a probe into corruption in the gardaí yesterday succeeded in blocking a garda disciplinary inquiry into alleged misconduct four years ago.

The sworn oral investigation into the case of Detective Garda Noel McMahon, one of several Donegal-based gardaí at the centre of the Morris Tribunal hearings, was to have been heard in Letterkenny next Tuesday, April 29.

However, it has been postponed by order of the High Court pending determination of a judicial review challenging the legality of the inquiry.

Mr Desmond Dockery, counsel for Mc Mahon, told Mr Justice Roderick Murphy yesterday it was a matter of public record that the detective garda was separated from his wife since the breakdown of their marriage.

They had been living together at the time of the alleged breach of garda discipline in 1999 when there had been a row or unhappy difference which had led to Det Garda McMahon telephoning the gardaí.

Mr Dockery said two gardaí, both junior to Det Garda McMahon, had arrived at the home where Det Garda McMahon had shown them a Safety Order, issued against his wife under the Domestic Violence Act.

Det Garda McMahon had made a complaint about his wife’s behaviour. As a result she had been arrested on the strength of the Safety Order.

The disciplinary inquiry arose out of a claim by the Garda Commissioner that Det Garda McMahon had breached garda regulations by failing to inform the arresting gardaí of a letter from the local District Court Clerk stating that the Safety Order had been issued in error. Mr Dockery said the commissioner was alleging the arresting gardaí had been shown the Safety Order but not the letter from the district court clerk.

Mrs McMahon had been held in custody for an hour before the matter had been clarified.

Mr Dockery told Judge Murphy he was asking for leave to seek a judicial review to quash the Garda Commissioner’s decision to hear and determine allegations against Det Garda McMahon on Tuesday next.

He said he made the application on the grounds that the commissioner had been guilty of excessive, unjustified and inexplicable delay in dealing with the matter and in setting a date for the internal inquiry.

Mr Dockery said Det Garda McMahon was currently fully engaged in dealing with the Morris Tribunal hearing and the proposed hearing next Tuesday could not have come at a worse time for him.

Mr Justice Murphy said the court was satisfied Det Garda McMahon had made out “an arguable case” and granted leave to seek a judicial review. He said it was clear from garda regulations that matters of discipline should be dealt with as a matter of urgency.