A detective sergeant who is a witness before the Morris Tribunal has initiated High Court proceedings to overturn a decision of the Garda Commissioner to hold a disciplinary inquiry at Letterkenny Garda Station into alleged breaches of discipline by him.
Det Sgt John White applied for leave to seek orders by way of judicial review to quash the decision of the Garda Commissioner to direct the holding of the sworn inquiry.
He also wants orders prohibiting three named Garda officers from proceeding with the proposed inquiry.
Mr John Whelan SC, for Det White, opened the leave application yesterday. However, Mr Justice O'Donovan told counsel he should serve notice of the application on the Garda Commissioner.
The leave application was then adjourned to allow Mr Whelan serve notice of the proceedings on the Commissioner.
In his statement of grounds, Det White claims that, because of the "extraordinary level" of publicity in relation to him and his position as a suspended member of the Garda facing serious charges, it would be impossible for him to receive a fair and impartial hearing.
Det White says he has been subjected by his Garda superiors to unfair and hostile publicity as well as prejudicial comments on his character, reliability and credibility.
He says he has thereby effectively been prejudged in such a way as to cast serious doubt on the possibility of receiving a fair and objective hearing.
Since the proposed sworn inquiry would consist exclusively of serving superior Garda officers who would inevitably be well aware of all charges and implications made against him, and since it included no lay member, it could not be said to be an independent and impartial tribunal to which he is entitled, Det White also argues.
He further states that the Garda Commissioner has been guilty of unwarranted and unexplained delay in directing the holding of the inquiry.
Det White, in an affidavit, says he is facing charges in relation to 10 alleged breaches of discipline.
As he was appearing on subpeona as a witness at the Morris tribunal, the sworn inquiry has been adjourned to the autumn.
Det White says he had discovered or was discovering to the Morris tribunal all documents in his possession or control which, he adds, would clearly exculpate him from any wrongdoing or abuse of his status in exercising his official duties as a member of the gardaí or otherwise.
It appeared from documents served on him that 117 Garda and civilian witnesses in all would be called to given evidence at the sworn inquiry.
Det White says the disciplinary proceedings are unfair and prejudicial due to the substantial lapse of time between the occurrence of the events giving rise to the allegations against him.
With the exception of one allegation, where the period of delay was 17 months, the periods of delay in relation to the remaining allegations ranged from four years to seven years and five months.