Courts / Dublin / Report

Garda Sergeant convicted of sexual assault challenges dismissal

Summary

Sergeant Cathal Middleton, a Garda officer since 2002, has launched a High Court action to challenge his proposed dismissal from An Garda Síochána. The 42-year-old sergeant, who was found guilty of sexual assault at Blanchardstown District Court in October last year, claims the Garda Commissioner's decision to dismiss him before his criminal appeal is heard breaches fair procedures and natural justice. Middleton, who denied the charge, was sentenced to five months in prison following his conviction on one count of sexual assault. He alleges that the Commissioner acted outside their powers by recommending dismissal without a disciplinary hearing, despite an outstanding appeal. Represented by Mark Harty SC and Oisin Clarke BL, Middleton seeks orders to quash the dismissal recommendation and prevent further steps toward his removal. The case came before Mr Justice Charles Meenan, who granted permission for the challenge on an ex-parte basis. The matter was adjourned and will be mentioned before the court later this year.

Who, what, where, when and why

What: Report matter: Garda Sergeant convicted of sexual assault challenges dismissal. Procedural stage: appeal. Findings: Found guilty

When:

• March 2nd, 2020 Incident
• 2023-04-17 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report