Garda commissioner’s decision to sack officer quashed by court

A decision of the Garda commissioner that a garda be sacked if he did not resign for breaches of discipline, including an allegation of sexual impropriety, has been quashed by the High Court.

Cork-based Garda Colm O’Flaherty yesterday won his High Court challenge against the commissioner’s decision of 2014 that he resign or face being dismissed after making certain admissions before a Garda board of inquiry into alleged breaches of discipline.

Garda O’Flaherty, who denied the allegations, claimed he had entered into an arrangement with a garda superintendent that if he made certain admissions he would get a monetary fine only.

However, following his admission, the Garda commissioner substituted the fine and instead Garda O’Flaherty resign or face being dismissed from the force.

Garda O’Flaherty challenged the decision and brought High Court proceedings aimed at overturning it. The commissioner had opposed the action.

Mr Justice Michael Moriarty held that the punishment of resign or face dismissal imposed on Garda O’Flaherty, of Togher Garda Station, Cork, should be quashed and remitted to the Garda commissioner for consideration of an appropriate sanction.

Garda O’Flaherty was accused of breaches of discipline including that he had an inappropriate sexual relationship with a female, that he had harassed her by telephone, and demanded sexual acts on the threat of issuing summons and taking other legal action.