A garda was given leave by the High Court yesterday to challenge a decision by the Garda Commissioner to conduct an internal hearing of the Garda Board of Inquiry into allegations of misconduct towards other members of the Force.
Garda James Brennan, based at Naas, Co Kildare, faced seven allegations of breaches of discipline, four of them involving alleged misconduct and three alleged discreditable conduct, when he appeared before an internal disciplinary inquiry in Naas Garda station on October 13th. In court yesterday his solicitor, Mr Thomas Murphy, stated in an affidavit that his client was accused of misconduct towards his colleagues. He said the Garda Commissioner had been guilty of an "inordinate and excessive delay" between the end of an investigation into Garda Brennan's alleged behaviour and the subsequent hearing of the Garda Board of Inquiry.
The solicitor said the investigations had concluded on or before September 25th last year but it was only on September 9th, 1998 that his client was informed of an inquiry to be held on October 13th to determine the charges.
Mr Murphy said the Commissioner should have conducted an inquiry and heard and determined the charges against his client with due expedition.
Mr Justice Geoghegan granted leave to seek a judicial review of the Commissioner's decision to conduct the inquiry.