The High Court yesterday overturned a decision by the Garda Commissioner to "dispense with the services" of a probationer garda following allegations that he was drunk and had attempted to expose the underclothes of a woman at a Dublin disco.
Mrs Justice McGuinness said the decision against Garda Robert Duffy, attached to Kevin Street Station, Dublin, was made in the "absence of fair procedures and contrary to the principles of natural and constitutional justice".
The Commissioner dispensed with Garda Duffy's services in June 1997 on the grounds that he was not likely to "become an efficient and well-conducted member" of the force.
The Commissioner said he was led to that conclusion because Garda Duffy conducted himself in "an offensive, unseemly and discreditable manner" on April 7th, 1997 at the Sands Hotel, Portmarnock, Co Dublin.
The notice stated that Garda Duffy had "sexually harassed and assaulted Lisa Smyth of Ard na Meala Heights, Ballymun, Dublin".
The judge said Insp Finbarr O'Brien, who investigated the incident at Tamango's nightclub in the hotel, had given Garda Duffy a brief outline of the allegations against him.
It was alleged he had been drunk and abusive towards Ms Smyth and her sister Pamela; that he tried to kiss Ms Smyth and put his arms around her and had continuously attempted to pull up her top from the back, exposing her underclothes.
It was also claimed that this annoyance continued until he was put out of the disco by bouncers.
Garda Duffy denied the allegations, particularly that he attempted to kiss Ms Smyth or attempted to lift up her top from the back. He said he did speak to Ms Smyth but was in no way abusive to her. He alleged: "She was very abusive to me at first."
Mrs Justice McGuinness said Garda Duffy could not deal with the evidence against him contained in statements taken during a disciplinary investigation since he was not aware of either the statements themselves or their content.
She said the Commissioner's notice purported to set out findings against Garda Duffy rather than allegations against him.
Mrs Justice McGuinness said the notice appeared to make an actual finding of sexual harassment and assault despite the fact that the investigating Garda Inspector believed a charge of common or sexual assault would not be sustainable against Garda Duffy.
The allegations against Garda Duffy imperceptibly became findings of fact, the judge said. When the notice dispensing with his services was given to Garda Duffy on June 12th, 1997, the authorities had made some effort "to mend their hand in regard to natural justice by offering him an opportunity to make submissions".
It seemed to her that this opportunity was offered too late, and it was still made in the absence of fair procedures.