A Garda who was the subject of a rape allegation, which was subsequently withdrawn, has launched a High Court action challenging his ongoing suspension from work.
The probationary Garda was suspended from duty four years ago after an incident where was accused of raping a then teenage girl and operated a vehicle while over the legal alcohol limit while he was off duty.
The Garda has always maintained that he was innocent of the allegation of rape and said that his interactions with the girl were consensual.
He also claims that he drove his car that while over the legal limited out of concern, to find the girl, after she left the house where the encounter took place in the early hours of the morning while she was allegedly drunk.
The Garda was suspended from duty after the allegation of rape was made against him.
The allegation was withdrawn in early 2021, and the Garda has never been charged nor prosecuted with any offence.
In addition, no findings of wrongdoing have been made against him in any internal disciplinary proceedings. The Garda's suspension, however, has been extended from time to time.
Gsoc investigation
A Gsoc investigation into the incident took place, and in 2022 it recommended that disciplinary proceedings be brought against the Garda for allegedly engaging in discreditable conduct.
On foot of Gsoc's report the Commissioner initiated disciplinary proceedings against the Garda and an internal Garda board of inquiry was established in March 2024.
Those proceedings are on-going, and the Garda's lawyers have made submissions to the board.
Represented by Mark Harty SC, with James Kane Bl instructed by solicitor Martin Moran the Garda claims that that 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 commencing the disciplinary proceedings and the appointment of the board of inquiry, and that there is no longer an active complaint against the Garda.
It is claimed that the decision to bring disciplinary proceedings against the Garda is unlawful, and in breach of the Garda's rights.
There has also been a failure to provide the Garda with adequate reasons for the continuation of the disciplinary process.
The Garda's prolonged and disproportionate suspension has never been justified; it is also claimed.
Judicial review
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 further seeks various declarations from the court including that his on-going suspension is unlawful, that he should be reinstated to his employment, that there has been an unlawful delay in deciding as to whether the Garda has demonstrated an ability to perform his functions as a member of An Garda Síochána.
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.
The judge, 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.
