A DECISION by the Garda Commissioner to repatriate a garda based in Cyprus was made as he was considered "temperamentally unsuitable" for UN peacekeeping duty, the High Court was told yesterday.
The move to bring home Garda Michael Fitzpatrick followed an alleged remark to the Minister for Defence, Mr Barrett, at a drinks reception in Nicosia last March. On Good Friday, Garda Fitzpatrick was granted a temporary injunction restraining the Commissioner from repatriating him from Cyprus.
Yesterday, Garda Fitzpatrick sought an interlocutory injunction until the main hearing of the case. Mr Justice Kelly said he would also have to show why the Commissioner should not be granted an application to have the Good Friday order vacated.
Mr Michael Cush, counsel for the Commissioner, said the State conceded there was a serious issue to be tried.
Mr Colm Allen SC, for the Minister, said his client was a notice party and did not think it appropriate to take part in the proceedings as to the actual dispute. The Minister was anxious to avoid a repetition of allegations made on Good Friday which called into question his good name and his fitness for office. He would be anxious to reply if there were any unwarranted accusations against him.
Mr Pat O'Connel, counsel for Garda Fitzpatrick, said in a grounding affidavit Mr Thomas Murphy, the garda's solicitor, had referred to an incident which took place on March 15th, 1996.
The garda attended a parade and afterwards joined the Minister at a reception. The Minister appeared to take exception to a remark made by the garda about the home allowance.
The garda immediately apologised. He also apologised in writing. He and his colleagues were asked to make reports, and upon receipt of these the Commissioner informed him he was to be repatriated on April 6th.
Mr O'Connell said there were only three reasons in the regulations which governed repatriation: disciplinary, compassionate or medical. He said the State did not intend to rely on the disciplinary reason and as repatriation was clearly not on the other grounds, it could not take place.
He read an affidavit of Mr Hugh Sreenan, Assistant Commissioner, which stated the Commissioner clearly had a say in the conduct of officers serving with the UN. Mr Sreenan said the decision to repatriate was reached as the garda was considered "temperamentally unsuitable". The Commissioner had to consider the possibility that the lack of discretion and tact displayed could recur.
Mr O'Connell said Garda Fitzpatrick had continued to serve in Cyprus during the height of the trouble and there had never been any question of his being unable to carry out his duties.
The case will continue today.