A garda who was the subject of a since withdrawn rape allegation has taken a High Court action challenging his ongoing suspension from work. The probationer garda was suspended from duty four years ago after an incident where he was accused of raping a then teenage girl and operating a vehicle while over the legal alcohol limit while he was off duty. He has always maintained he is innocent of the rape allegation and that his interactions with the girl were consensual. He also claims he drove his car that while over the legal alcohol limit out of concern when trying to find the girl, who was allegedly drunk, after she left the house where the encounter took place.

The garda was suspended from duty after the rape allegation was made against him. The allegation was withdrawn in early 2021 and the garda has never been charged or prosecuted. In addition, no findings of wrongdoing have been made against him in any internal disciplinary proceedings. However, the court heard his suspension continues.

The Garda Síochána Ombudsman Commission (Gsoc) investigated the incident and recommended in 2022 that disciplinary proceedings be brought against the garda for allegedly engaging in discreditable conduct. On foot of Gsoc’s report, the Garda Commissioner initiated disciplinary proceedings against the garda and an internal board of inquiry was established in March. Those proceedings are ongoing and the man’s lawyers have made submissions to the board.

Challenging the Disciplinary Proceedings

Represented by Mark Harty SC, with James Kane BL instructed by solicitor Martin Moran, the garda claims the disciplinary proceedings against him should be halted and his suspension lifted so he can return to duty. It is claimed that the proposed disciplinary proceedings are tainted by the delay in their commencement and the appointment of the board of inquiry, and that there is no longer an active complaint against the man. It is claimed that the decision to bring disciplinary proceedings against the garda is unlawful and in breach of his rights. The prolonged and disproportionate suspension has never been justified; it is also claimed.

Legal Action and Orders Sought

In judicial review proceedings against the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General, the garda seeks various orders and declarations from the court. These include orders restraining the respondents from continuing the disciplinary proceedings against him in relation to the incident four years ago. He also seeks an order quashing the decision to continue his suspension.

He also wants the court to confirm that his probationary period has expired and that he has been appointed as a garda. The matter came before Ms Justice Emily Farrell during Monday’s vacation sitting of the court and she, on an ex parte basis, granted the applicant permission to bring his action. The case will return before the court next month when the new legal term commences.

Delay and Lack of Justification

The garda's legal team argues that the delay in initiating disciplinary proceedings and the appointment of the board of inquiry have tainted the process. They contend that there is no longer an active complaint against the garda and that the decision to proceed with disciplinary action is unlawful. Furthermore, they argue that the prolonged suspension is unjustified and has not been adequately explained to the garda.

Seeking Reinstatement and Confirmation of Appointment

In addition to halting the disciplinary proceedings and lifting his suspension, the garda is seeking a number of declarations from the court. These include a declaration that his suspension is unlawful, a declaration that he should be reinstated to his employment, and a declaration that the delay in deciding on his ability to perform his duties as a garda has been unlawful. He is also seeking confirmation that his probationary period has expired and that he has been formally appointed as a garda.

Next Steps in the Case

The case will be heard again next month when the new legal term begins. The court will then consider the arguments presented by the garda and the respondents, including the Garda Commissioner, the Minister for Justice, and the Attorney General. The outcome of the case will determine whether the disciplinary proceedings against the garda will continue and whether his suspension will be lifted. The case raises important questions about the fairness and timeliness of disciplinary processes within An Garda Síochána and the rights of garda members who are subject to such processes.