Limerick detective’s dismissal for rules breach quashed

The High Court has quashed the dismissal of a Limerick-based detective who had admitted breaching Garda rules regarding the handling of informants.

Mr Justice Iseult O’ Malley said that internal disciplinary proceedings against Det Brian Culbert should be reheard by a differently constituted Garda board of inquiry.

The detective had been involved in the investigation of serious crime in Limerick and acted as a handler for an informant. It was alleged he breached Garda rules as to how informants are handled, was ordered by his superiors to stop but, in what was a complex situation, ignored those orders.

He was charged with breaching Garda disciplinary rules and aGarda board of inquiry was set up to investigate. He admitted the breaches and pleaded mitigating circumstances. In September 2013, the board recommended he be dismissed and, a month later, the Garda commissioner ordered it. That decision was appealed, on grounds including the board failed to conduct a proper hearing, and the sanction was unfair and disproportionate. A board of appeal was convened.

In advance of the appeal, the board of inquiry reconvened in February 2014 to deal with a request from the appeal board for a report outlining the reasons for the decision recommending dismissal. The boardagreed to give a copy of its report to each member of the appeal board and the detective.

Det Culbert claimed the process was tainted and brought judicial review proceedings against the Garda commissioner aimed at preventing any further steps in the disciplinary process. He also sought orders quashing the appointment of both the board of inquiry and the appeal board, plus any decision taken by either body.

Paul Burns, for the detective, argued the decision to provide the appeal board with a report, when one of the grounds of appeal was a failure by the board of inquiry to give reasons, meant the disciplinary process was tainted beyond any possibility of correction.

The commissioner opposed the application on grounds including the detective had admitted allegations against him, the facts were straightforward and there was no need to give reasons.

Ms Justice O’Malley quashed the determination and recommendation of the board of inquiry. The commissioner’s decision to dismiss the detective must be treated as void, she said.