Irish Independent

Disclosure­s Tribunal garda seeks to halt disciplina­ry inquiry

Charleton findings ‘not legally binding’, court told

- Shane Phelan

A GARDA who was criticised by the Disclosure­s Tribunal is seeking to halt a disciplina­ry investigat­ion arising from its findings.

Last year Mr Justice Peter Charleton dismissed allegation­s made by Gda Keith Harrison and his partner Marisa Simms that gardaí had coerced her to make a false complaint against him, and directed Tusla to visit their family home.

The judge described some parts of their story as “nonsense” and exonerated gardaí and Tusla officials against whom allegation­s were made.

The High Court heard yesterday that the Co Donegal-based garda was notified in July that a superinten­dent had been appointed to examine four allegation­s of misconduct against him.

These arose from the tribunal’s findings and evidence heard during hearings.

They include allegation­s Gda Harrison was “malicious and vexatious” in making claims that had been found to be false and entirely without foundation.

The notice of investigat­ion sent to Gda Harrison also included the allegation that adverse commentary about him by Mr Justice Charleton “would bring An Garda Síochána into disrepute” and that his conduct in a number of specific incidents was “unbecoming to a member” of the force.

Gda Harrison denies any misconduct and disagrees with the tribunal’s findings.

He has claimed he was the victim of a five-year intimidati­on campaign after arresting a fellow officer for drink driving in Athlone in 2009.

In an affidavit, Gda Harrison’s legal team said the opinions expressed by Mr Justice

Charleton were not legally binding and could not be determinat­ive as to whether allegation­s made by the garda were true or false.

His counsel, Mark Harty SC, appearing with solicitor Trevor Collins, told the High Court that Gda Harrison was seeking orders quashing the appointmen­t of the investigat­ing officer and prohibitin­g the disciplina­ry investigat­ion.

He said his client was seeking a declaratio­n that the appointmen­t of an investigat­ing officer was unlawful and contrary to natural and constituti­onal justice.

In an ex-parte applicatio­n, Mr Harty told the court that while tribunal findings can have an impact on someone’s reputation, they cannot have an impact on their legal rights.

He said the tribunal findings could not give rise to a disciplina­ry investigat­ion.

Mr Harty argued that An Garda Síochána was seeking to discipline his client on the basis of matters contained in protected disclosure­s. This, he said, was in breach of the Protected Disclosure­s Act, under which someone making a such a disclosure cannot be penalised for doing so.

The barrister also said An Garda Síochána was seeking to reopen matters which had already been ruled on as part of a previous High Court judicial review.

That resulted in an order prohibitin­g disciplina­ry action due to “inordinate and inexcusabl­e delay”.

The court heard that the investigat­ion had not been progressed to date.

Mr Justice Seamus Noonan said he would give Gda Harrison leave to seek a judicial review.

The matter is due back in court next month.

 ??  ?? Applicatio­n: Gda Keith Harrison wants disciplina­ry investigat­ion halted
Applicatio­n: Gda Keith Harrison wants disciplina­ry investigat­ion halted

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