Garda awarded £35,000 over transfer from racketeering unit to uniform

A former member of the Garda Anti-Racketeering Unit has been awarded £35,000 damages and costs at the High Court arising from his action over his transfer from the unit to uniform duties.

Mr Justice Butler said yesterday it seemed Garda Patrick Allen (46), who is now a uniformed garda in Cork city, "did suffer quite a lot because of his treatment" by the Garda and State authorities. It seemed a decision was made to "get rid" of all the members of the Anti-Racketeering Unit in 1994.

"It may have been a good decision, but they went about it the wrong way," he remarked. The decision had particularly affected Garda Allen, who already was experiencing problems, and he had continued to see a psychiatrist.

Garda Allen said he had been transferred "under a cloud" which remained for years. People were talking about what had happened and there were "very serious doubts about why I was transferred" which had "not been put to bed until now".

No answers were given to him, he said. He believed the matter had channelled out his future path and he knew certain avenues were not open to him. He expected to remain on uniform duties until he reached retirement age at 57 and did not envisage he would be promoted.

Mr Justice Butler said he considered £35,000 a reasonable figure for general damages. He made no award for special damages, saying they were "all up in the air". Garda Allen had contended he was entitled to special damages for lost plainclothes allowance, subsistence allowance and lost overtime.

Costs were awarded against the State and Garda Commissioner. In relation to the costs of Garda Allen's unsuccessful claim against his superior in the unit, Det Supt (then Insp) P.J. Browne, alleging defamation, which was dismissed by Mr Justice Butler in the course of the overall action, the judge held that Garda Allen, who had been ordered to pay Supt Browne's legal costs, was entitled to have those costs paid by the State.

Last May 23rd Mr Justice Butler granted a declaration to Garda Allen that the State and the Commissioner and their servants or agents had acted in breach of his constitutional rights and rights of fair procedures in or about his employment. The judge adjourned the damages issue to yesterday.

In the course of the action, Mr Jack Fitzgerald SC, for Garda Allen, had said the Anti-Racketeering Unit was set up in 1991 to prevent money-laundering and rackets run by subversive organisations. Serious accusations were made against Insp Browne and Garda Allen.

The outcome, as gleaned from a statement ail by the minister for justice at the time, Ms Maire Geoghegan-Quinn, was that an inquiry was carried out, apparently by the Garda Commissioner and without the knowledge of Garda Allen, and steps were taken to remove all members of the unit. Mr Fitzgerald said the unit was later "remanned", but the five removed members had nothing more to do with it. Garda Allen was put on uniform duties.

The court heard that after being in hospital in 1991, Garda Allen, who had been in the Special Branch, reverted to uniform. Following appeals, he was transferred to the Anti-Racketeering Unit in April 1992 where he remained until 1994.

When he refused to accept new rostering arrangements, he was transferred to a uniformed position in Bray, Co Wicklow.

Mr Justice Butler found that Garda Allen's transfer was not voluntary and also that the unit had not ceased to exist.