A senior RUC officer accused of sexual harassment and discrimination by a woman member of the force began a legal action yesterday over the way in which the matter is being handled.
Assistant Chief Constable Archie Hays is denying the allegations made by Insp Rita Tucker (36), who is married and lives in the north Down area.
The Police Authority has already appointed the Deputy Chief Constable of Devon and Cornwall Police, Mr Keith Portlock, to investigate her allegations.
An industrial tribunal is also due to examine the complaint by Insp Tucker, who was deputy staff officer to Mr Hays. He is seeking judicial review of a decision by the Police Authority that he should be interviewed by Mr Portlock before the tribunal hearing.
Papers lodged in the High Court in Belfast by Mr Hays's lawyers state that as Insp Tucker had not made a complaint under the RUC's disciplinary regulations, the Police Authority acted unlawfully in launching its own investigation.
The lawyers claimed the authority had no right to deem that information which it had in relation to Insp Tucker's civil proceedings constituted a complaint under RUC regulations.
Therefore the authority's decision to make Mr Hays subject to an investigation was unreasonable, as the issues had not been adjudicated upon by the industrial tribunal.
The interview by Mr Portlock had previously been suspended by another judge and yesterday Mr Hays's lawyers successfully argued against a plea by counsel for the Police Authority to overturn the ruling .
Mr Justice Kerr said he noted Mr Hays was due to retire on May 5th and asked: "Would he be amenable to disciplinary proceedings after that date?"
Mr Bernard McCloskey, for the Police Authority, replied: "I understand he would."
Mr McCloskey said the interview, which would be expected to last several hours, had already been arranged. "One cannot rule out the possibility that the replies might promote some further inquiry," he added.
Ms Alva Brangam, counsel for Mr Hays, said there was a clear risk of prejudice if the investigation was allowed to progress, and in particular, if a report of the proposed interview was made available to Insp Tucker.
Mr Justice Kerr said in view of Mr Hays's imminent retirement an early hearing was essential. He said the case would be heard next Monday and undertook to deliver a prompt judgment.