Posted by Garda alleged to have groped waitress while out to dinner with his then fiancée challenges internal inquiry
March 29 2022 07:33 AM
A garda accused of grabbing the breasts of a waitress at a bar/restaurant has brought a High Court challenge to an internal investigation set up to investigate the allegation.
The officer, who cannot be named, claims he is the subject of a Garda disciplinary investigation, arising out of the incident alleged to have occurred in August 2014.
He claims the probe is flawed and should be dismissed.
He is accused of breaching discipline when he allegedly groped the female staff member at the bar/restaurant where it is claimed he was having a meal with his then-fiancée.
He was not on duty at the time.
The gardaí became aware of the allegation in late 2019 and an investigation was conducted by an inspector, who interviewed several persons in 2020.
The woman told the inspector that some time in 2014, when she was working, the garda approached her from behind, put his arms around her and grabbed her breasts.
The court also heard she told the inspector conducting the investigation that she does not wish to pursue the matter, will not sign a statement, and will not give any evidence in relation to the matter.
Another person interviewed by the inspector said that they saw the garda put his arms around the staff member.
The garda’s then-fiancée told the inspector that she had a clear view of everything on the night in question but did not see anything untoward.
Arising out of the inspector’s report, a garda board of inquiry was set up to investigate the allegation of alleged breaches of discipline, namely inappropriate behaviour, in August 2021.
Represented by Mark Harty SC, the garda claims that the investigation is unfair and should be halted.
The investigation has not disclosed any admissible evidence on which an allegation of breach of discipline could be grounded, counsel said.
Counsel said that the garda had made submissions to dismiss the disciplinary proceedings against him and conclude the inquiry. That application was refused.
Inadmissible evidence had been included as part of the investigation, which is unlawful, counsel said.
Given the circumstances, given the passage of time between the alleged incident and the decision to investigate the matter, the investigation is unfair, he said.
No explanation has been given in relation to the delay in investigating the allegation, counsel said.
The investigation is also flawed because the board has indicated that it will call the woman to give evidence but does not intend to call the garda’s then fiancée.
Arising out of the investigation, the garda has brought judicial review proceedings seeking various reliefs including an order quashing the Garda Commissioner’s decision to set up a board of inquiry under garda discipline regulations into the matter.
Permission to bring the action was granted on an ex-parte (one side only represented) basis by Mr Justice Charles Meenan yesterday.
A stay was placed on the inquiry from proceeding, pending the outcome of the full hearing of the garda’s action.
The judge said the Commissioner may apply to the court to seek to have the stay lifted on notice to the garda’s lawyers.
The case is to resume in May.
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