The High Court has refused an application by the State defendants to dismiss a former Garda’s claim for want of prosecution, despite finding that the delay was both inordinate and inexcusable.
Ms Justice Dunne ruled on 20 May 2010 that the defendants had not shown that the delay meant a fair trial could no longer be held. She described the prejudice to them as moderate and refused the application. The decision concerned whether the case could proceed; it did not determine the underlying allegations.
Kieran Jackson alleges that, while serving in An Garda Síochána, he was bullied, harassed and intimidated by a superior between February 1993 and December 2000, at Letterkenny and Ramelton Garda stations. His claim includes allegations about interference in his marriage, a false assault allegation that was later withdrawn, being sent home during policing of an Orange march, derogatory remarks on his file and disciplinary proceedings after a prisoner escaped from Letterkenny Garda station. These are allegations set out in the judgment, not findings made in this application.
The proceedings began in April 2002. The defendants filed a defence in July 2003 and later obtained permission to join former superintendent Kevin Lennon as a third party. After that order in November 2003, the next steps identified by the court were a change of solicitor in April 2007 and a notice of intention to proceed in December 2008. The defendants issued their dismissal motion in April 2009.
Jackson’s solicitor cited his retirement on health grounds, related pension and gratuity issues, his health, other legal proceedings and the Morris Tribunal, whose reports were published in 2008. The judge accepted that the retirement-related matters could explain delay up to December 2004, but found that the other explanations did not account for the subsequent inactivity. The decision to await the Tribunal’s findings had been made for tactical reasons and was not communicated to the defendants. The court also found that the evidence provided did not establish how Jackson’s health prevented him from advancing the case.
In weighing the application, the judge noted that the claim concerns alleged conduct over several years and involves a range of issues and potential witnesses. She accepted that time had affected recollections, but found the asserted prejudice from retired Garda witnesses slight and noted there was no suggestion they were unavailable. She concluded that some prejudice had resulted from the delay, but there was no evidence before her that a fair trial was now impossible. The underlying claim therefore remained unresolved after this ruling.