Garda whistleblower loses case

Garda whistleblower John Wilson yesterday lost his High Court claim that he should not have been subject to disciplinary proceedings arising from his attendance, while an off-duty garda, at district court proceedings in Cavan.

Ms Justice Iseult O’Malley noted the court had been told events in this case did not relate to John Wilson’s departure from An Garda Síochána last year. Mr Wilson is one of the whistleblowers in the Garda penalty points controversy.

Mr Wilson, with an address in Cavan town, had challenged findings of May 2012 that he breached Garda discipline in refusing to say why he attended a special sitting of Virginia District Court in Cavan courthouse that January.

That case involved a dispute between neighbours, dating from 2005, involving 90 complaints to gardaí and “numerous” investigations and files sent to the DPP, the judge said.

Garda Chief Supt James Sheridan had said he was concerned Mr Wilson’s presence, while off-duty, could give rise to an apprehension of lack of impartiality on the part of the Garda with regard to that case.

Mr Wilson challenged findings he failed to promptly reply to the divisional officer of the Cavan/Monaghan division concerning correspondence dated January 31, 2012, and March 6, 2012.

Sanctions of “advice” and a “warning”, the lowest and third-lowest level of sanctions under the disciplinary regulations, were imposed.

Dismissing Mr Wilson’s challenge, Ms Justice O’Malley said she did not know why he had been in the court while an off-duty garda, but as that case was being heard in the area where he worked and by a judge to whom he previously probably would have given evidence, that would be capable of impinging on his role as a garda and the public perception of the force as a whole.