Hegarty v Commissioner of An Garda Síochána [2023]

  • Decision Number
    IECA 266
  • Legal Body
    Court of Appeal (IECA)
  • Type of Claim / Jurisdiction
    Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Dismissal – Fair Procedures – Constitutional rights – Ultra vires actions – Executive discretion

Background:

The Applicant is a sworn member of An Garda Síochána. On 15 March 2017, the Applicant was alleged in a complaint to have engaged in a sexual act while on duty and in the course of taking a statement of evidence from a woman, related to the arrest of that woman’s sister the prior day. As a result of this complaint, a Board of Inquiry was convened to investigate these allegations, pursuant to the Garda Síochána (Discipline) Regulations 2007. In September 2018, when the Board of inquiry met to hear the allegations, the Applicant admitted the facts as alleged. The Board of Inquiry completed its investigation and recommended to the Commissioner, inter alia, that the Applicant be

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This article is correct at 22/01/2024
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Paul D Maier BL

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