A Garda sergeant convicted of sexually assaulting a young woman has launched a High Court action aimed at preventing his dismissal from the force.
The action has been taken by Sgt Cathal Middleton, who claims the Garda Commissioner’s proposal that he should be summarily dismissed from his job is flawed and in breach of fair procedures. The proposal, he says, comes before his appeal against his conviction is heard and in the absence of any disciplinary hearing or inquiry.
Last October, Sgt Middleton (42) was found guilty at Blanchardstown District Court of one count of sexual assault. He denied the charge.
The District Court heard that Sgt Middleton on March 2nd, 2020, got into a bed with a woman after a night-out with her friends. The woman, who was not on the night-out, was asleep at the time.
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She alleged that after Sgt Middleton got into her bed the outside of his right thigh touched her fully clothed buttock. She said she shouted at him to get out of the bed which he did.
At all stages, the south Dublin-based Sgt Middleton denied ever getting into the bed with the woman.
Following his conviction, Sgt Middleton was subsequently jailed for five months by the District Court judge. He has appealed the conviction.
‘Unfit’
Arising out of the conviction, the commissioner informed Sgt Middleton last December that the applicant had engaged in “discreditable conduct” under Garda disciplinary regulations.
The commissioner added that he was proposing to dismiss the sergeant from An Garda Síochána on grounds that he was considered “unfit for retention”.
The commissioner did not believe holding an internal Garda inquiry into the matter or the status of the appeal would result in him changing his mind about Sgt Middleton’s proposed dismissal.
Represented by Mark Harty SC, Sgt Middleton claims the commissioner erred in law by recommending his dismissal before the appeal against the criminal conviction has been determined.
The commissioner’s decision, it is claimed, amounts to a breach of Sgt Middleton’s constitutional rights to fair procedures and natural justice. The commissioner has acted outside of his powers, it is also submitted.
In his judicial review proceedings, Sgt Middleton, who has been a garda since 2002, seeks various orders including one quashing the commissioner’s decision to recommend dismissal. He also wants an order preventing the commissioner from taking any further steps to dismiss him.
The action came before Mr Justice Charles Meenan on Monday. The judge gave Sgt Middleton permission to bring his challenge, which was adjourned.