A Garda, who was once "top of his class", has lost a High Court bid to overturn a decision by the Garda Complaints Tribunal requiring him to resign from the force following claims of "oppressive conduct" towards a member of the public.
Mr Justice Roderick Murphy yesterday ruled that the tribunal's decision on Garda Ciarán Sheehan, Scarriff, Co Clare, made in June 1998, should stand. However, the judge placed a stay on his decision in the event of an appeal to the Supreme Court. Notice of appeal must be lodged within 10 days, the court directed.
Garda Sheehan brought his judicial review proceedings against the tribunal, which rejected his claims that its decision was in breach of fair procedures and natural and constitutional justice.
In his judgment Mr Justice Murphy said the tribunal's decision was not inconsistent with the evidence and was not in breach of fair procedures or of natural and constitutional justice. He also noted that An Garda had participated in the hearing and cross-examined witnesses.
He refused to grant an order quashing the tribunal's decision requiring Garda Sheehan to resign from the force because of the tribunal's finding that he was in breach of discipline under the Garda Síochána Complaints Act 1986.
The tribunal hearings arose after Patrick Teddy Connolly complained about an incident alleged to have occurred on September 12th, 1995, outside a petrol filling station.
It was alleged that the plaintiff, who was then a sergeant, had, while outside Tracey's filling station in Scarriff, acted with "abuse of authority" towards Mr Connolly in that his conduct was oppressive.
It was alleged that Garda Sheehan had approached Mr Connolly and questioned him about a statement he had made to a Garda inspector about an inquiry which concerned Garda Sheehan.
It was alleged that having questioned Mr Connolly, Garda Sheehan acted in an intimidatory manner in checking the windscreen of his car for tax and insurance and in checking the condition of his tyres.