Garda ‘showed malice’ towards brother-in-law

A GARDA with a grievance against his brother-in-law brought malicious prosecutions against him and contravened the direct orders of his Superintendent to do so, a High Court judge ruled in a judgement yesterday.

Mr Justice Frank Clarke made an order against Michael O’Dwyer, formerly a member of An Garda Síochána based in Midleton Garda Station, that the state was entitled to recover €30,000 from him as they had previously paid this sum in an out of court settlement of an action taken by Mr O’Dwyer’s brother-in-law, Timothy McAuliffe, a haulier based at Leamlara, Co Cork, against then Garda O’Dwyer and the state.

Mr Justice Clarke made an order at the High Court sitting in Cork yesterday that Mr O’Dwyer would now have to pay the €30,000 which the state previously paid to Mr McAuliffe and that Mr O’Dwyer would also have to pay the costs for the state in bringing this case to the High Court on the issue of indemnifying the former garda.

The judge said the state first had to show there was harassment and abuse of public office by Mr O’Dwyer against Mr McAuliffe.

The background to the matter was what the judge described as “a suggestion that Mr O’Dwyer was aggrieved” that Mr McAuliffe had been given the haulage company by his father and that no similar provision had been made for Mr McAuliffe’s sister who is also Mr O’Dwyer’s wife.

The judge concluded that there were two key actions almost nine years ago by the then garda which showed malice by him against Mr McAuliffe. Firstly, he contravened directions and organised the issuing summonses against his brother-in-law and secondly there was an approach which Mr O’Dwyer made to Mr McAuliffe’s insurers.

The judge then made an order for €30,000 to the state against Mr O’Dwyer and further ordered him to pay the state’s costs in the action.

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