Two student gardai who clashed during an indoor soccer game yesterday secured High Court permission to seek a court order which would restrain a senior Garda from proceeding with an inquiry into the incident.
Mr Derek McGrath and Mr Mark Looby, who are both attending the Garda Training College at Templemore, Co Tipperary, claim that Chief Supt E.T. Keating, the academic co-ordinatar for Garda probationers, should not preside at the inquiry as he initiated the investigation.
Both men allege that each assaulted the other during an interclass indoor soccer tournament at the college on August 14th last. They also claim they were questioned by a Garda sergeant who made a report to Chief Supt Keating.
They also claim the chief superintendent appointed a Garda inspector to investigate allegations against both men of discreditable conduct and assault.
Mr Thomas Murphy, solicitor, appearing for Mr McGrath, stated in an affidavit that a form outlining the legal rights of a student garda who was the subject of an investigation was not served on his client.
Mr Murphy said he attended the opening of an inquiry into the event last September 29th. It was presided over by Chief Supt Keating.
Mr Murphy said he had submitted that Chief Supt Keating was not the appropriate person to hear and determine the issues. He said the chief superintendent had been involved in the initiation of the inquiry and had appointed the investigating officer.
Mr Murphy said he presumed Chief Supt Keating had liaised with that officer in relation to the supervision and control of the inquiry. If Chief Supt Keating presided this could give rise to a reasonable apprehension of bias, he submitted.
Chief Supt Keating indicated he was willing to grant an adjournment of the inquiry until October 30th. Mr Murphy said there was no reason why another senior officer of equivalent rank could not preside over the hearing process.