Courts / Waterford / Report

Can the Garda Commissioner summarily dismiss a garda convicted of a criminal offence?

Summary

In 2011, Ms Martha McEnery was convicted of assault by the Waterford Circuit Court and sentenced to four months imprisonment, suspended for six months. The Court of Criminal Appeal upheld the conviction. Despite a clean disciplinary record and prior commendations, the Garda Commissioner served her with notice of intent to summarily dismiss her under Regulation 39 of the Garda Síochána (Discipline) Regulations 2007, citing her unfitness for retention. McEnery filed judicial review proceedings, arguing that the Circuit Court conviction did not preclude the Commissioner from conducting his own inquiry. The High Court dismissed her application, holding that the courts should not decide what behaviour warrants dismissal; that decision lies with the Commissioner and Minister. McEnery appealed to the Court of Appeal, which reversed the High Court, holding that Regulation 39 requires both material facts and a breach of discipline to merit dismissal.

Who, what, where, when and why

What: Report matter: Can the Garda Commissioner summarily dismiss a garda convicted of a criminal offence?. Procedural stage: appeal

When:

• 2016-01-29 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report