A Cork garda has brought a High Court challenge over being disciplined after officers including members of the Armed Response Unit searching for drugs entered the wrong apartment.
The action has been brought by Garda Derry O'Brien who was given a formal caution by his superiors, despite the fact that what occurred was "a genuine error" and that all the officers involved had acted "in good faith."
In February 2021, gardaí in Cork were, based on confidential information, investigating a known drug user who was believed to be storing quantities of diamorphine for sale and supply from her apartment in the city.
Mr O'Brien, who is stationed at Anglesea Station in Cork, made enquiries about obtaining a search warrant for the apartment.
He checked the suspect's address on the Garda PULSE computer system and visited the location of the apartment complex for suitable access and egress options.
Support was sought from the Garda's Armed Support Unit (ASU) and a search warrant was obtained. When the warrant was executed, and the apartment secured, it was established that the premises entered was not the intended target.
It was occupied by an unrelated third party.
The apartment was not searched, a garda sergeasnt spoke to the occupant, and the officers departed the premises shortly after gaining entry.
It was subsequently established that the address of the intended target was not the same as what was recorded on the PULSE system.
Unusually there were three apartments in the complex that have the same number, but slightly different addresses.
Following a complaint by the occupant the Garda Ombudsman Commission (GSOC) opened an investigation.
In his action Garda O'Brien claims that GSOC recommended that consideration be given to the brining of disciplinary proceedings against him.
Following GSOC's findings he said his superiors opened disciplinary proceedings which resulted in a finding being made against him.
While the Garda Superintendent investigating the matter accepted that a genuine error had been made, that officer deemed that a caution was the appropriate, fair and necessary sanction to impose for what was deemed to be an alleged "neglect of duty" by Garda O'Brien.
Garda O'Brien appealed the sanction to an Assistant Commissioner, who upheld the sanction.
Garda O'Brien claims that in breach of fair procedures he was not given an opportunity to make submissions on the matter before the finding against him was made.
He also claims that he was not asked for submissions when his request for a review of the finding was before the Assistant Commissioner.
In judicial review proceedings against the Garda Commissioner Garda O'Briens seeks various orders and declarations including an order quashing the decision that he had breached Garda discipline and should be sanctioned by way of a caution.
Represented by Kieran Kelly Bl, instructed by Carey Murphy & Partners Solicitors Garda O'Brien also seeks to have the finding of the review of the sanction that he was allegedly in neglect of his duty quashed.
He further seeks declarations that the disciplinary proceedings brought against him were contrary to natural justice, law and fair procedures.
The matter came before Ms Justice Niamh Hyland. The Judge, on an ex-parte basis, granted permission to bring his challenge.
The matter will return before the court in November.
