High Court reserves decision in alleged Garda homophobia case

The High Court has reserved its decision in a challenge brought by a Garda Sergeant aimed at halting an internal investigation against him over his alleged homophobic treatment of a female colleague.

The action is being brought against Sgt Paul Fanning, who is stationed at Cabra Garda Station arising out of a complaint made by Garda Emma Corcoran that he had harassed her on the grounds of her sexual orientation.

It was alleged that in May 2008 the Sgt placed a paper sign in front of a number plate that read "FAG1" of a car which Garda Corcoran used to travel to work in.

He is also accused of making comments such as asking Garda Corcoran if she had enjoyed searching a female prisoner, and sent inappropriate messages on the command and control system.

However he claims that the investigation into the allegation is flawed on grounds including that materials were used that should not have been used and that there was a delay in investigating the matter.

Today, on what was the second day of the hearing, Mr Justice John Hedigan said that he was reserving judgment in the matter. The Judge, who did not indicate when he would be in a position to give his decision, said he was reserving his decision following the conclusion of submissions from both sides in the case.

In his action against the Garda Commissioner Sgt. Fanning is seeking orders quashing the decision to investigate the complains made against him by Garda Corcoran.

He is also seeking orders prevent the use of any statements taken during the course of a previous investigation from being used in any current or future investigations into the complaints made by Garda Corcoran.

He is also seeking a number of declarations including that the Commissioner is out of time to bring an investigation against him under the Gardai's Policy and procedures of harassment, sexual harassment and bullying.

He claims that the decision to investigate him is a breach of fair procedures and his rights to natural justice.

He argues that there has been an inexcusable delay in dealing with the complaint against him, he is unable to get a fair hearing and defend his good name.

In a statement of opposition, the Commissioner denied any wrong doing in relation to the investigation, and said that it has a duty to investigate the allegations made.

The court heard that an investigation commenced after a complaint was made by Garda Corcoran in June 2008 when they were both stationed at Ballyfermott Garda Station. under the Gardaí's disciplinary proceeds.

However Stg Fanning, who was Garda Corcoran's superior at the time when the alleged harassment occurred, brought judicial review proceedings arising out of that decision to investigate him, which were compromised, and the investigation was stopped, in February 2009.

However a fresh investigation, which are the subject of the current proceedings, was initiated under the Gardaí's Policy and procedures of harassment, sexual harassment and bullying.