A garda who has been suspended from the force since 1998 has asked the High Court to halt disciplinary proceedings taken against him over allegations of discreditable conduct.
Garda Patrick Farrelly, with an address in Dundalk, who has been a garda since 1982 and denies the allegations made against him, wants an order quashing a decision taken by the Garda Commissioner in December 2004 to proceed with an inquiry into those claims.
His counsel claimed yesterday the disciplinary inquiry was an effort to charge him again with alleged offences which were the subject of criminal proceedings.
Garda Farrelly claims that the proceedings are unfair, unjust, oppressive and contrary to his constitutional and human rights. He claims that documents and exhibits which he had sought from the Garda to assist him in his defence were not furnished to him, and this failure has prejudiced him in the preparation and presentation of his defence.
The delay in bringing the disciplinary proceedings was also prejudicial to his entitlement to a fair hearing, it is alleged.
In proceedings which opened yesterday, Mr Justice Iarfhlaith O'Neill was told the disciplinary proceedings were initiated in February 2003 to investigate allegations that Garda Farrelly had engaged in discreditable conduct and was in breach of duty over allegations, including that he handled stolen property, associated with known criminals and was convicted of driving without insurance.
Mr Paul Burns SC, for Garda Farrelly, said his client has been suspended on 75 per cent of his basic Garda salary since March 1998 when he was "arrested on a number of occasions".