The High Court has declared that the continued suspension of a garda attached to Pearse Street Garda Station was invalid and ordered his reinstatement on full pay and allowances. It refused his request to prohibit the disciplinary inquiries, finding that delay alone did not justify annulling them in this case.
In a judgment delivered on 3 May 2016, Ms Justice Baker said the suspension had lasted almost two years and had ceased to be a temporary holding measure. The court found that the investigation had made little progress, the garda had not been interviewed until a year after his initial suspension, and the reasons for continuing the suspension had not been adequately explained.
The garda had returned to work on 9 May 2014 after an extended period of sick leave. On 21 May, he told an inspector he wished to start a grievance procedure against two superior officers. Two days later he was suspended. The initial stated reason was an alleged failure to prosecute cases in 2012 and 2013. Later notices raised further alleged breaches, including failures involving criminal investigations and recording public property.
He was served with an investigation notice on 29 May 2014. A second notice, covering three further alleged breaches, followed in March 2015; an intermediate investigation notice was discontinued. The garda also faced a criminal investigation. A file was sent to the Director of Public Prosecutions in October 2015, and in January 2016 the DPP directed that prosecution was not warranted in respect of those allegations.
Justice Baker said the criminal investigation and wait for the DPP’s decision could account for about three months of delay, but did not explain the wider period of inaction. She noted that the garda had been paid a reduced suspension allowance and could not take outside employment during ordinary working hours. The decision-makers had not provided affidavits explaining why his continued suspension was necessary, and the court had no records of the suspension decisions.
The court did not order repayment of lost income or restore other rights dating from the suspension. Justice Baker said that question should await the conclusion of the inquiry.
The garda had also asked the court to prohibit the disciplinary investigations because of delay and alleged unfairness. The judge refused. Although she accepted that the garda had suffered financial prejudice, she found no particular prejudice to his ability to defend the disciplinary charges sufficient to justify court interference. The inquiries may therefore continue.