A Garda superintendent, the subject of an anonymous letter which described him as a "nasty piece of goods" and which claimed he was regularly drunk and owed money, has secured leave from the High Court to seek orders prohibiting his transfer and an investigation into the allegations.
In an affidavit, Supt James Fitzgerald (52), Nenagh, Co Tipperary, said the allegations were false. He believed the letter may have emanated from a source who may have been affected by decisions he was required to make by virtue of his office.
Mr Justice John McMenamin granted Supt Fitzgerald a stay on any investigation until his High Court proceedings had concluded, and he granted a temporary injunction restraining the Garda Commissioner from transferring him to Garda Headquarters in Dublin. He also directed that his intended replacement in Nenagh, Supt Catherine Keogh, be made a notice party to the proceedings.
Supt Fitzgerald, who has had responsibility for the Nenagh district for the past seven years, said he met Assistant Commissioners Ignatius Rice and Noel Smith last March 15th when they showed him a typed one-page letter containing allegations in relation to dealings with persons in Nenagh.
He did not get a copy of the letter but, from memory, it alleged he owed money to about 12 people, some of whom were friends.
He owed money to a garage proprietor and a person who did some tarmacadam work at his house. He requested bills but had not received them.
The letter had said there were many fine gardaí in Nenagh but Supt Fitzgerald was not one of them and that he "was scrounging drink and did not pay for these drinks". It also alleged he borrowed a car and returned it soiled with a substantial amount of money missing. Supt Fitzgerald said he had borrowed a car with a friend's full consent and it was returned in perfect condition.
No complaint had been made to him by the car owner. He did not take any money. It was untrue to say that when asked for payment for the tarmacadam work, he said "something about drink-driving."
It was also alleged he was regularly drunk in pubs, took money off the counter belonging to other people and soiled himself in pubs.
The letter concluded that the writer would not sign their name as Supt Fitzgerald "was a nasty piece of goods".
Supt Fitzgerald said he was told his position in Nenagh was "untenable" by Assistant Commissioner Smith. Assistant Commissioner Rice had said he believed the contents of the letter were substantially correct.
Supt Fitzgerald replied in writing on March 16th that it was not his intention to resign. As a result of the stress, he went on sick leave.
On April 4th, he was advised that on his return, he would be transferred to Garda headquarters in Dublin and that a new superintendent was being appointed. On April 6th, he learned that his proposed transfer and replacement in Nenagh had been announced in the local newspaper.
He had no difficulty with Supt Keogh, but her appointment undermined his position with the Garda force and his reputation among the Nenagh public, he said.