Garda fights dismissal for breaking rules on handling informants

A garda who admitted breaching rules on handling informants has brought a High Court action aimed at preventing his possible dismissal from the force.

The action has been brought by Limerick-based detective Brian Culbert, who claims the internal disciplinary process he was subjected to is flawed and should be discontinued.

In proceedings against the Garda Commissioner, Det Garda Culbert is seeking orders including one preventing the disciplinary process from proceeding.

Yesterday, Breffni Gordon, BL for Det Garda Culbert, said his client had been involved in investigating “extremely serious crime” in the Limerick area.

Mr Gordon said Det Garda Culbert acted as a handler for an informant. During the course of his work, his client allegedly breached Garda rules as to how informants are to be handled, said Mr Gordon.

The detective was ordered by his superiors to stop. However, Det Garda Culbert “ignored those orders”, said Mr Gordon.

As a result, he was charged with breaching Garda discipline and an internal Garda board of inquiry was set up to investigate the matter.

He admitted the breaches and pleaded mitigation. In September 2013, the board recommended he be dismissed from the force. That decision was appealed and has yet to be heard.

Counsel said problems arose when lawyers acting for Det Garda Culbert discovered the board of appeal discussed his case with the original board of inquiry.

His lawyers told the commissioner about the contact between the boards. The commissioner said there was nothing wrong with the boards discussing the case. Det Garda Culbert’s lawyers say the contact between the boards breaches their client’s right to a fair hearing of his appeal and his rights to fair procedures.

Permission to halt the proceedings was granted. The case will come before the court again in May.