Assistant Garda Commissioner seeking declaration his suspension was unlawful

Assistant Garda Commissioner John Fintan Fanning's application for an injunction has been struck out after his suspension from duty was lifted earlier this week.

However, the High Court heard that the Assistant Commissioner is proceeding with his main action against the Garda Commissioner where he seeks various declarations, including that his suspension was unlawful, and damages.

At the High Court on Wednesday morning Paul McGarry SC for Mr Fanning told Ms Justice Leonie Reynolds that the suspension imposed on his client was lifted on Monday after the Garda Ombudsman dropped its criminal investigation into the Assistant Commissioner.

While the application for an injunction lifting the suspension, pending the outcome of the full hearing, could be struck out counsel said that the “main action” remains in being.

Counsel said a timetable for the exchange of pleadings in the case had been agreed between the parties, and the case could be adjourned and mentioned before the court in late May.

Shane Murphy SC for the Garda Commissioner said that his client rejects Assistant Commissioner Fanning’s claims that the suspension was unlawful or anyway procedurally flawed.

Counsel said that the Commissioner lifted the suspension “within an hour” of being notified by GSOC that it was not proceeding with its criminal investigation into the Assistant Commissioner.

Ms Justice Reynolds agreed to adjourn the matter for mention to a date in late May.

Last month Assistant Commissioner Fanning initiated his High Court action over his suspension on January 3rd last.

In his proceedings, he had sought orders lifting his suspension pending the outcome of his challenge, restraining the Commissioner communicating “false” information concerning him and directing the Commissioner to co-operate with the GSOC investigation.

He also seeks damages.

He claims his suspension was in flagrant breach of fair procedures and Garda rules and he is also very concerned about the manner in which his suspension was leaked to the media.

Mr Fanning is due to retire in August after almost 39 years in the force, has held several high-profile posts, including chief superintendent of the Dublin South Central Division and regional commander for the Northern and Eastern Regions.