The High Court has reserved judgment on an application by a garda to prevent the Garda Complaints Board taking steps against him arising from the controversial policing of the anti-globalisation rally in Dublin in May 2002.
The two-day judicial review hearing concluded yesterday before Mr Justice Murphy, who reserved his decision.
The proceedings have been brought by Garda Donal Corcoran of Clonee, Co Dublin. He said a complaint had been made about him concerning an alleged breach of discipline relating to the performance of his duty on May 6th, 2002, at the "Reclaim the Streets" protest in Dublin. With little exception, most of the media coverage of the event had been highly critical of the gardaí who were present, he said.
The Garda Complaints Board later asked the board's chief executive to investigate the complaints after the rally. Garda Corcoran was the subject of five complaints - four alleging assault and a fifth alleging assault and non-wearing of identification.
In an affidavit, Garda Corcoran, who is attached to Mountjoy Garda station, has made several complaints about the handling of the investigation by the board. He said Mr Gordon Holmes. chairman of the board, had taken an "unprecedented step" on November 18th, 2002, in calling a press conference during which he referred to the state of the evidence compiled by the investigator and spoke about "particular difficulties" experienced.
Mr Holmes had also referred to 150 gardaí being issued a circular by the investigator on matters involving identification issues, and had "complained bitterly" about the lack of co-operaton received in respect of the circular, Garda Corcoran said.
The board has rejected the complaints made about the investigation. It also said Mr Holmes had conducted a press conference because the board considered, given the level of public interest in the complaints, that it was reasonable and appropriate to indicate the progress made in dealing with them.
The board also denied that any comment made by the chairman or board had the potential to create, or did create, a risk of unfairness at any tribunal hearing convened by the board concerning Garda Corcoran and others.