Prison officer succeeds in preventing action

A prison officer who was acquitted of breaking the jaw of a prisoner in Mountjoy Jail during a riot in September 1999 today won his Supreme Court bid to prevent disciplinary action being taken against him.

35 year old Alan Garvey took the action because his suspension had not been lifted by the prison after he was cleared of the assault in March 2002.

Mr Garvey received notice of his suspension days after the incident and the court heard the prison did not lift it even after he was found not guilty stating that there was a case to be answered.

Today the Supreme Court ruled that a disciplinary inquiry would be oppressive and impermissible and that the verdict of his acquittal should not be reopened in this way.