Senior garda in legal battle over suspension
A SENIOR Garda officer is fighting suspension from the force following a charge of ‘misconduct in public office’.
The assistant commissioner of the Eastern Region, Fintan Fanning, began legal action yesterday after he was suspended from the force.
He claimed the suspension was ‘unlawful’, ‘unprecedented, ‘bizarre’, made ‘absolutely no sense’ and ‘no procedures were followed at all’, RTÉ reported last night.
He told the High Court he was told on December 3 that the Garda Ombudsman had received a protected disclosure from a rankand-file garda.
He was informed the garda alleged that while travelling to Templemore Training College he was contacted by a senior officer and told he was no longer on a firearms course following an intervention by Assistant Commissioner Fanning. Mr Fanning said he had removed him from the position after ‘various officers’ had ‘expressed concerns’ over his access to firearms.
The garda also alleges that he was suspended from duty three months later following a recommendation by Assistant Commissioner Fanning. This followed an allegation of assault in a hotel in which the garda claims he was the victim.
Mr Fanning denied any decision to suspend a garda was made by him and said it was the responsibility of Garda headquarters.
He said: ‘It is unclear to me exactly what I’m being accused of as my actions were taken in my role as Assistant Commissioner in the usual manner.’
According to the Assistant Commissioner, Garda Commissioner Drew Harris sent him a letter to tell him this was ‘a criminal investigation in respect of a serious allegation – namely Misconduct in Public Office’.
Mr Fanning is due to retire in August and claimed ‘the decision to suspend him can be equated to dismissal’ and signals an end to his 40-year career.
Mr Fanning said he felt it was ‘very unfair’ that he was treated this way ‘after almost 40 years’ service in An Garda Síochána’.
The application was ex parte, which meant only one side was represented in court yesterday.
The case is due back before the High Court next Tuesday.