Cork garda brings High Court challenge to prevent dismissal for 'discreditable conduct'

A garda has brought a High Court challenge against the Garda Commissioner's decision to dismiss him from the force.

Cork garda brings High Court challenge to prevent dismissal for 'discreditable conduct'

A garda has brought a High Court challenge against the Garda Commissioner's decision to dismiss him from the force.

The action has been brought by Diarmuid Keane, who was based in Co Cork and was the subject of disciplinary proceedings arising out of events that are alleged to have occurred at Mallow Co Cork in April 15, 2017.

Following an internal disciplinary process, he admitted committing four counts of discreditable conduct contrary to Garda Disciplinary Regulations.

A three-person board of inquiry recommended to the Garda Commissioner that Garda Keane be fined a weeks wages.

However, the Commissioner decided to impose a greater sanction and said the garda should resign from An Garda Síochana, as an alternative to his dismissal.

Garda Keane appealed that decision, his counsel Kieran Kelly SC told the High Court today.

The appeal board determined that Garda Keane should receive a reprimand and a nine-week pay deduction for his admitted breach of discipline, in lieu of the Commissioner's sanction.

Counsel said that instead of implementing what the appeal board had determined the Garda Commissioner, invoking section 14 of 2005 Garda Síochana Act, decided that Garda Keane should be dismissed.

Garda Keane's continued membership of An Garda Siochana was untenable, and his dismissal was necessary to maintain public confidence, the Commissioner said.

The Commissioner said that as a result of information that was in the public domain An Garda Siochana's reputation had been tarnished, and the public expectation of high standards and the trust of Garda Keane's colleagues had been undermined.

Counsel said the Commissioner was not entitled to dismiss Garda Keane in light of the appeal board's findings. The decision did not comply with natural and constitutional justice.

Counsel added that in arriving at his decision to dismiss Gard Keane the Commissioner had taken irrelevant matters into account and that the Commissioner's ultimate decision reflected a pre-judgment of matters.

As a result of the Commissioner's decision of March 12, Garda Keane now seeks an order from the High Court quashing his dismissal from An Garda Síochana.

In judicial review proceedings against the Garda Commissioner, he seeks an order requiring the Commissioner to restore him to duty.

Permission to bring the proceedings was granted, on an ex-parte basis by Mr Justice Charles Meenan.

The judge who placed a stay on the dismissal pending further order, adjourned the matter to a date in late May.

More in this section

Puzzles logo
IE-logo

Puzzles hub

Visit our brain gym where you will find simple and cryptic crosswords, sudoku puzzles and much more. Updated at midnight every day. PS ... We would love to hear your feedback on the section right HERE.

Puzzles logo
IE-logo

Puzzles hub

Visit our brain gym where you will find simple and cryptic crosswords, sudoku puzzles and much more. Updated at midnight every day. PS ... We would love to hear your feedback on the section right HERE.