Decision by complaints board upheld

A shopkeeper from Co Louth who was offended at being arrested on suspicion of membership of an illegal organisation has lost …

A shopkeeper from Co Louth who was offended at being arrested on suspicion of membership of an illegal organisation has lost his High Court challenge to the dismissal of his complaint about the matter by the Garda Complaints Board.

Mr Noel Stanley had complained that his signature was forged on a Garda document acknowledging receipt of a notice of rights. He sought to quash the board's decision which dismissed his complaint as inadmissible on the grounds it was vexatious.

In a reserved judgment yesterday, Ms Justice Laffoy refused to quash the board's finding.

Mr Stanley (56), of Main Street, Blackrock, Co Louth, had claimed he was arrested in 1994 on suspicion of being a member of an illegal organisation. Details of his arrest were entered in a Garda custody report. He was released after six hours' detention.

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Counsel for Mr Stanley had told an earlier court hearing his client felt offended at being arrested and sought the custody record which had the signature "N. Stanley" underneath the words: "I acknowledge receipt of notice of rights."

Ms Justice Laffoy said it was clear on the evidence that the statutory procedure was followed and the appropriate material was before the board. She held that the failure of the board to state reasons was neither unfair nor unjust to Mr Stanley.