Courts / Dublin / Report

ESB employee does not have to answer questions about alleged unlawful payments for time being, judge rules

Summary

In a High Court decision, Mr Justice Rory Mulchay ruled that ESB employee Kieran Sharkey need not answer the company's questions about alleged payments from builders while a criminal investigation into him is ongoing. The court held that the right to silence, which applies to state inquiries, protects Sharkey from self‑incrimination and that the ESB cannot enforce disciplinary action until the investigation ends or the ESB can prove that its contractual interests outweigh the constitutional right. Sharkey, an electrician employed since 2017, had been asked by the ESB to disclose whether he accepted payments for preferential treatment, the amounts, sources and work performed. He declined, citing legal advice and the Garda investigation. The judge declined to grant the ESB a declaration allowing dismissal and said the matter would return to court later in the month. The decision emphasises that the right to silence is not absolute and that the ESB must consider competing interests before penalising the employee.

Who, what, where, when and why

What: Report matter: ESB employee does not have to answer questions about alleged unlawful payments for time being, judge rules. Procedural stage: hearing_or_decision

When:

• 2024-02-09 Publication

Why: Mr Sharkey said that after obtaining legal advice and, because the matter was the subject of a Garda investigation, he was invoking his right to silence to prevent any prospect of self incrimination and stated that he has done nothing wrong. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report