The Court of Appeal has refused to stop disciplinary proceedings against Garda Thomas McKenna over an alleged incident at Waterford Garda Station in June 2010, upholding the High Court’s decision.
McKenna had sought judicial review to restrain an inquiry into three alleged disciplinary breaches: using offensive language towards a person in custody, failing to respect that person’s bodily integrity, and using unreasonable force. The allegations arose after an incident in which a foreign national in custody was allegedly assaulted. They remain allegations; the appeal concerned whether the disciplinary process could proceed.
A District Court convicted McKenna of assault causing harm in 2011. On appeal, Waterford Circuit Court acquitted him on 10 April 2013 after the alleged victim did not attend and the prosecution presented no evidence. GSOC later told McKenna its investigation had ended and it would take no further action. Garda disciplinary action remained under consideration, and McKenna was informed of that within weeks.
The Court of Appeal rejected the argument that the Garda Commissioner was barred from pursuing discipline after GSOC had recommended a criminal prosecution. It found nothing in the Garda Síochána Act 2005 that expressly prohibited disciplinary proceedings in these circumstances.
The court also considered Article 8(2) of the Garda Síochána (Discipline) Regulations 2007. It held that McKenna’s acquittal counted as an acquittal on the merits for that provision. Two disciplinary charges—failing to respect the prisoner’s bodily integrity and using unreasonable force—would involve inquiry into the same issues as the criminal charge. The charge concerning offensive language would not.
That overlap did not, by itself, require the inquiry to stop. The court found that the disciplinary proceedings would not be unfair or oppressive in the circumstances. No prosecution evidence had been presented at the Circuit Court appeal, and the court was not satisfied that McKenna’s stress or the timing of the disciplinary process met the required threshold. It also found that GSOC’s statement that it would take no further action did not bind the Garda Commissioner; McKenna had been told within weeks that disciplinary action was under consideration.
The Court of Appeal upheld the High Court decision and refused the relief McKenna sought. It did not determine whether the alleged disciplinary breaches occurred.