A Garda who is seeking legal restraints that have the potential to block the immediate promotion of 410 gardaí to the rank of sergeant, claims he was asked an inappropriate question about whistleblowers during an interview, the High Court has heard.
Garda Keith Blythe, a long serving garda, told the court he was "concerned" when he was asked the question by a senior officer in April as part of a competition for promotion to sergeant.
“I was left uneasy about the interjection and tried to maintain my focus and concentration during the interview,” he stated in a sworn affidavit.
Mr Blythe, of Donadea, Naas, Co Kildare, who is attached to the legal department in Garda Headquarters, is seeking High Court orders that could potentially prevent the promotion of the 410 candidates selected from 1,414 who sought promotion.
Conor Power SC, who appeared with barrister Mark J. Dunne, for the Minister for Justice and the Garda Commissioner, told Ms Justice Bronagh O’Hanlon that he would be serving Garda Blythe’s legal team with an affidavit setting out the respondents’ side of the matter.
Barrister Andrew Walker said Garda Blythe's grounding affidavit revealed that he had scored 205 out of 250 in the interview section and believed his scores were impacted by the 'whistleblower' remark which resulted in him not being selected to advance to the next stage.
Mr Walker said that when Garda Blythe was informed in June that he had not been selected to go forward he made a formal complaint about the “inappropriate comments”.
Scored higher
Garda Blythe said in his affidavit that in other relevant sections of competence he had scored much higher and claimed that many candidates who got lower marks than him had been selected to go forward to the next stage of the competition. He had launched an internal appeal.
Garda Blythe told the court he had an exemplary conduct and attendance record and in order to help advance his career he had studied for and obtained a diploma and a master’s degree.
He said he found the remarks regarding ‘whistleblowers’ to be completely inappropriate and off-putting. Whilst he had endeavoured to maintain concentration and focus he had been left very much uneasy.
Garda Blythe said in his affidavit he believed the promotion system was without transparency, probity and fairness and was not based on merit.
Mr Walker told the court that Garda Blythe was seeking an injunction restraining progression of the Garda Sergeant Promotion Competition until his internal appeal was fully investigated and completed.
Garda Blythe is also asking the court for a declaration that the conduct of the promotion system is tainted with irregularity and flawed and that he is entitled to advance to the next stage of the process. In his claim he also seeks damages for what he describes as a breach of contract and breach of duty on the part of the defendants.
The affidavit on behalf of the Minister and the Commissioner is to be fully outlined to the court next week.