Aidan Bracken challenges proposed dismissal over false report

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Detective Garda Aidan Bracken challenged his proposed dismissal from An Garda Síochána in the High Court on 15 July 2020. The proceedings were reported on 15 July 2020.

Bracken had been charged with making a false report and pleaded guilty at Wicklow Circuit Court in 2019. He accepted that he made a false report about threats he claimed had been made against himself, his family and colleagues.

The report said that at the time Bracken was suffering from serious mental health issues, including paranoia, stress and PTSD, arising from other serious threats by violent criminal gang members. His superiors had informed him that his life was at risk. The circuit court judge found that, given the extenuating circumstances, no punishment was warranted and dismissed the charge under the Probation Act.

The Garda Commissioner proposed summarily dismissing Bracken as unfit for retention, subject to the consent of the policing authority. Bracken sought orders preventing his dismissal and requiring adequate reasons for the decision.

His counsel, John Kennedy SC, said the commissioner appeared to rely on a circuit court conviction. Counsel acknowledged that this might have been an error but said the State had not returned to the circuit court to correct it. He argued that doubt over the court's decision prevented the commissioner from invoking the summary dismissal regulation.

The commissioner argued that the challenge was premature because the disciplinary process was unfinished and that the decision was correct. After submissions, Mr Justice Charles Meenan reserved his decision.