Judgment: 2006-05-08 · Court archive

Supreme Court dismisses Garda officer’s bias appeal over planned disciplinary tribunal

The court found that general public comments about Garda cooperation did not create a reasonable apprehension of bias against an officer who was not named and would be heard by a separate tribunal.

The Supreme Court ·

Who, what, where, when and why

Who
  • Donal Corcoran (Applicant)
What

The court found that general public comments about Garda cooperation did not create a reasonable apprehension of bias against an officer who was not named and would be heard by a separate tribunal.

Where

Places mentioned in the report

  • Dublin
When

Judgment:

Other dates in the report
  • 5 February 2004

    Corcoran sought judicial review relief to prevent further steps in the statutory process. The High Court refused his application on 5 February 2004, and he appealed. He argued that statements made by the Garda Síochána (Complaints) Board and its chairman showed objective bias, so a fair hearing could not take place. He did not allege actual bias by the chairman or any Board member.

  • 5 May 2002

    The officer, Donal Corcoran, was one of five Garda members who faced complaints after clashes at the “Reclaim the Streets March” in central Dublin on 5 May 2002. Four complaints against him alleged assault; the proceedings described in the judgment concerned only the fifth complaint, about identification on his uniform.

Why

Reasons reported in the judgment

The Board had referred the complaint to a tribunal under the Garda Síochána (Complaints) Act 1986. No tribunal had yet been appointed because of the court proceedings. Under the statutory arrangements described in the judgment, tribunal members could not have taken part in the referral decision; the chairman could not sit on the tribunal.

The Supreme Court has dismissed a Garda officer’s appeal seeking to stop further proceedings over a complaint that he failed to wear identification on his uniform during a Dublin demonstration.

The officer, Donal Corcoran, was one of five Garda members who faced complaints after clashes at the “Reclaim the Streets March” in central Dublin on 5 May 2002. Four complaints against him alleged assault; the proceedings described in the judgment concerned only the fifth complaint, about identification on his uniform.

Corcoran sought judicial review relief to prevent further steps in the statutory process. The High Court refused his application on 5 February 2004, and he appealed. He argued that statements made by the Garda Síochána (Complaints) Board and its chairman showed objective bias, so a fair hearing could not take place. He did not allege actual bias by the chairman or any Board member.

The statements followed the Board’s investigation into complaints arising from the march. A Board press release said most Garda members contacted had not provided statements, and the chairman said on a radio programme that colleagues had not identified members shown in footage. The court noted that Corcoran was not named or identified by implication in those comments, and had not been accused of the non-cooperation they criticised.

The Board had referred the complaint to a tribunal under the Garda Síochána (Complaints) Act 1986. No tribunal had yet been appointed because of the court proceedings. Under the statutory arrangements described in the judgment, tribunal members could not have taken part in the referral decision; the chairman could not sit on the tribunal.

The Supreme Court accepted that the Board’s comments were made on its behalf, but said the relevant question was whether a reasonable person in Corcoran’s position could apprehend bias by the individuals who would decide his case. The proposed tribunal would comprise three individuals who had not taken part in the referral decision or the meeting authorising the public statements. The court also said the comments were general remarks about Garda cooperation and did not concern Corcoran personally.

Justice McCracken delivered the judgment on 8 May 2006. The court dismissed the appeal. It did not determine the underlying complaint about uniform identification; that complaint remained for the statutory process.

Read the original court judgment

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