Derry O’Brien challenged caution over neglect of duty

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

Garda Derry O’Brien challenged a formal caution for neglect of duty at the High Court. The proceedings were reported on 17 October 2023.

During a drugs search in Cork, officers entered an apartment occupied by an unrelated third party. They did not search it and left shortly after a garda sergeant spoke with the occupant.

The report said all the officers involved had acted in good faith. It was subsequently established that the intended target’s address differed from the address recorded on the Garda PULSE system. Three apartments in the complex had the same number but slightly different addresses.

The disciplinary investigator accepted that entering the wrong apartment was a genuine error but imposed a caution for neglect of duty. An Assistant Commissioner upheld the sanction on appeal.

O’Brien sought to have the finding and caution quashed, arguing that he had not been given an opportunity to make submissions before the finding or during its review. Ms Justice Niamh Hyland granted permission on an ex parte basis to bring the challenge; the report said the case would return to court in November.