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Supreme Court to hear appeal over use of allegedly pornographic material in Garda disciplinary probe

Summary

The Supreme Court has agreed to hear the Garda Commissioner's appeal against a lower court's refusal to allow a video clip, alleged to contain pornographic material, to be used in a disciplinary investigation against Garda Patrick Hyland. The Court of Appeal had ruled that material obtained under a lawful search warrant could not be used in disciplinary proceedings, reversing an earlier High Court decision that had allowed it. Hyland, who denies wrongdoing, claims he forwarded the clip to a WhatsApp group without viewing it, later realizing it was a clip of a fully clothed male teenager and a female in a potentially suggestive position. The investigation led to a search of Hyland's home, seizure of devices, and a suspension that was later lifted. Hyland sought to prevent further disciplinary action, arguing the use of the material breached his privacy and the 2018 Data Protection Act.

Who, what, where, when and why

What: Report matter: Supreme Court to hear appeal over use of allegedly pornographic material in Garda disciplinary probe. Procedural stage: appeal

When:

• April 28, 2019 Other
• 2024-05-07 Publication

Places mentioned

Topics

Stage Appeal

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Read the original CNI report