TWO garda sergeants began a High Court challenge yesterday to Garda disciplinary procedures against them. The officers, from Finglas Garda station, gave evidence in a 1992 case in which a Dublin man, Mr Derek Fair brother, was paid £375,000 in settlement of his action against the State for assault.
The Garda authorities allege that Sgt Christopher McCarthy breached discipline by initially calling for an ambulance for Mr Fairbrother when he was in Finglas Garda station and then sending it away without good or sufficient cause.
Sgt John Dennedy is alleged to have failed to allow Mr, Fairbrother's family to visit him in the Garda station.
The two sergeants have taken an action against the Garda Siochana Complaints Tribunal, the Garda Complaints Board and the Garda Commissioner. The defence denies the claims.
Mr Pat Hanratty SC, for the sergeants, said his clients believed they were not implicated in any way in anything. There was unjustifiable delay by the Garda authorities in bringing the alleged charges against the two sergeants.
One reason stated by the defence was that it had awaited the outcome of a civil action Mr Fairbrother, brought against the State in November, 1992. The High Court case went on for three weeks before it was settled for £375,000 in favour of Mr Fairbrother, without admission of liability.
In an affidavit, Sgt Dennedy said that an investigation was carried out following a complaint by Mr Fairbrother that he had been wrongfully arrested, imprisoned and assaulted by other unspecified gardai at Finglas Garda station on June 12th, 1988 as a result of which he received very serious and severe injuries.
In May and June 1994, six years later, specific allegations of breach of discipline were for the first time notified to him. It was alleged that he had failed to allow Mr Fairbrother, a prisoner in his care, to be visited by his family.
The allegation being made against Sgt McCarthy was that, having initially summoned an ambulance for Mr Fairbrother, he sent it away without good or sufficient cause.
Following Mr Fairbrother's complaint, an investigation began and statements were taken from a number of gardai as well as from the applicants. Nothing further was heard until December 1988, when the Complaints Board notified the two sergeants that any further action relating to the complaint, would be postponed until the civil proceedings were over.
The civil action against the State concluded by way of a settlement. Each of the applicants was called as a witness and gave evidence during the case.
There was no communication whatever between the Complaints Board and either applicant from the letter of December 29th 1988, until a letter dated May 20th, 1994.
On June 21st, 1994, the applicants received a letter which for the first time specified the precise breaches of discipline being alleged. The alleged breaches of discipline bore no relation whatsoever to the subject matter of the complaint and the investigation.
The sergeants state that the lapse of time meant neither of them would be in a position to do themselves justice in relation to their recollection or ability to defend themselves.
In an affidavit, the chief executive of the Garda Complaints Board, Mr Sean D. Hurley, said that the board met to consider Mr Fairbrother's complaint in December 1988 and, being aware of the civil proceedings, deferred any action pending the outcome.
It was untrue to say that the breaches of discipline which were alleged bore no relation to the complaint.
The case continues.