Martha McEnery loses High Court challenge to proposed dismissal

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

Garda sergeant Martha McEnery lost her High Court challenge to the Commissioner’s decision to summarily dismiss her, subject to ministerial consent. Kearns P. refused her application for relief in a judgment delivered on 20 November 2014.

She was charged in early 2011 with assault causing harm to Anthony Holness under section 3 of the Non-Fatal Offences against the Person Act 1997. Her jury trial began at Waterford Circuit Criminal Court on 4 July 2011. On 8 August 2011, she was acquitted of that charge but convicted of assault under section 2.

On 7 November 2011, she received four months’ imprisonment, suspended for six months, conditional on entering a €200 oral bond to keep the peace and be of good behaviour for six months. She entered the bond that day. The Court of Criminal Appeal subsequently upheld her conviction.

A notice served on 24 December 2012 proposed her summary dismissal under Regulation 39 of the Garda Síochána (Discipline) Regulations 2007, subject to the consent of the Minister for Justice and Equality, because the Commissioner considered her unfit for retention.

She made submissions against dismissal on 20 February 2013. After considering them, the Commissioner maintained his decision and decided to seek ministerial consent. This was communicated by a letter to her solicitors dated 25 March 2013.

She argued that the Commissioner gave inadequate reasons, breached fair procedures and natural justice, and acted unreasonably and disproportionately. She also said he failed to distinguish her case from those of other gardaí with summary convictions who had been spared dismissal.

The judge found that her submissions had been considered and the decision was rational and adequately explained. He upheld the Commissioner’s power to dismiss without an inquiry where there was no doubt about the material facts and the breach was sufficiently grave that an inquiry could not affect the decision.