New Garda chief ‘incapable of being independent’, court told
THE country’s new Garda Commissioner will be incapable of being independent following his role in his PSNI, the High Court was told.
Legal proceedings have begun in a challenge against PSNI Deputy Chief Constable Drew Harris being appointed as commissioner.
Ciaran MacAirt, whose grandmother Kathleen Irvine was killed during the Troubles, brought the action in a bid to stop Mr Harris being appointed to the role.
Ms Irvine was one of 15 people killed by loyalists in the bombing of McGurk’s Bar in Belfast in 1971.
After yesterday’s proceedings, Mr MacAirt said it was his right as an Irish citizen to point out flaws in an appointment.
“I have great fears for the basic human rights of Irish citizens if Harris is placed in charge of An Garda Síochána, because of what he has done in the last 15 years with respect to victims and survivors of the Troubles,” he said.
Solicitor for Mr MacAirt, Gerard Humphries SC, said there was a clear conflict of interest in Mr Harris taking the role as he is bound by the Official Secrets Act in Britain through his work for the RUC, later the PSNI, and his role in the Historical Enquiries Committee.
They also say the conflict is incompatible with the duties of Section 5 of the Garda Síochána Act, in particular regarding State security and the investigation of crime.
“By his involvement with British state security and the Official Secrets Act, Drew Harris cannot independently fulfil the requirements of An Garda Síochána.
“Any information that he would have come into by virtue of position in the PSNI, precludes him for discharging his duties in this role.”
Mr MacAirt, who is being represented by Kinnear and Co solicitors with the assistance of MacGeehin Toale Solicitors in Dublin, applied for leave for a judicial review of Mr Harris’s appointment.
The PSNI deputy is the first Garda commissioner appointed from outside the Republic and is due to take up the role on September 3.
Mr Harris is a former Royal Ulster Constabulary (RUC) officer and his officer father Alwyn was killed by an IRA bomb in 1989.
The McGurk’s Bar bombing was one of the worst atroci- ties of the Troubles and the families of those who died have long campaigned for a fresh inquest.
The legal challenge is being opposed by the State and An Garda Síochána, whose legal team is being led by Remy Farrell SC.
“My submission is quite simply that the application is un-stateable, and amounts to no more than a personal view on behalf of the applicant.
“No attempt has been made to address the judicial review application, this is nothing more than a series of personal views dressed up as something else.
“An applicant is not entitled to come to court to say, ‘The government has made the wrong decision and I want my view of matters to be substituted for the view of people in charge of law-making decisions’.”
Justice Denis McDonald says he hopes to have decision for the court today.