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.