Garda loses bid to halt internal inquiry into stolen vehicle allegations

A GARDA who has been suspended from the force on three-quarters pay since 1998 has lost a High Court bid to stop a sworn internal inquiry into allegations that he associated with criminals and was in possession of a stolen car.

Mr Justice Iarfhlaith O’Neill yesterday directed that the Garda inquiry could proceed into all but one of the allegations against Garda Patrick Farrelly, with an address in Dundalk.

Garda Farrelly, a garda since 1982, has denied all allegations against him.

Because Garda Farrelly had been acquitted on a criminal charge of allegedly handling a stolen Honda Civic car, the judge ruled that he could not be subject to disciplinary proceedings relating to the same matter.

He was suspended from duty on March 14, 1998, when he was arrested and interviewed on suspicion of having been involved in criminal conduct relating to possession of stolen motor vehicles. He was later charged with handling stolen vehicles.

He was acquitted by direction on one count relating to the stolen Honda Civic car, while the jury was discharged in relation to a second count involving a stolen Saab car.

Both cars were stolen in Belfast, and had their Northern Ireland number plates replaced with plates from the Republic.

The DPP entered a nolle prosequi (non-prosecution) in relation to the Saab. Garda Farrelly, however, remained suspended.

His solicitors objected to this and were told by an Assistant Garda Commissioner that his suspension was being continued because of “ongoing allegations of serious misconduct” against him.

These concern a court conviction on January 17, 2003 for a road traffic offence, alleged discreditable conduct in the buying and selling of stolen motor vehicles, between 1995 and 1998, and his suspected association and involvement with known criminals, on dates between May and October 2002.

Disciplinary proceedings were commenced against the garda in February 2003 and reports of completed investigations into allegations against him submitted in late 2003.

The Garda Commissioner directed that a sworn inquiry into the alleged breaches of discipline be held in 2005, but this was adjourned pending the outcome of Garda Farrelly’s judicial review challenge.