A garda who was once "top of his class" has asked the High Court to quash a decision by the Garda Síochána complaints tribunal requiring him to resign from the force.
The decision relating to Garda Ciarán Sheehan was made seven years ago following a hearing by the tribunal into allegations of "oppressive conduct" by the garda, who was then a sergeant, towards a member of the public.
Garda Sheehan, of Scarriff, Co Clare, has brought his judicial review proceedings against the Garda Síochána complaints tribunal and the Garda Síochána complaints board. In opposing the application, both respondents have rejected claims of unfair procedures and breach of rights.
The hearing before Mr Justice Roderick Murphy is expected to conclude next Tuesday.
Garda Sheehan wants an order to quash a complaints tribunal decision on June 8th, 1998, which requires him to resign following the finding that he breached discipline under the Garda Síochána Complaints Act, 1986, on five matters concerning a complaint by a member of the public, Patrick Teddy Connolly. He also wants an order quashing the breach of discipline finding.
The tribunal hearings arose after a complaint by Mr Connolly, of Scarriff, Co Clare, about an incident alleged to have occurred on September 12th, 1995, outside a petrol filling station. It was alleged that Garda Sheehan (then Sgt), while outside Tracey's filling station, Scarriff, acted with "abuse of authority" towards Mr Connolly.
It was alleged that Sgt Sheehan had approached Mr Connolly and questioned him about a statement Mr Connolly had made to a Garda inspector about an inquiry which concerned Sgt Sheehan. It was alleged that, having questioned Mr Connolly, Sgt Sheehan acted in an intimidatory manner in checking the windscreen for tax and insurance and in checking his tyres.
In opening the case for Garda Sheehan, Mr Mark Connaughton SC argued that the tribunal's inquiry into the allegations was "tainted with illegality" and that the tribunal had no jurisdiction to act as it had.
It was contended that the decision of the Complaints Board by itself and/or with the complaints tribunal to delay the tribunal hearing into the complaint by Mr Connolly regarding the September 12th, 1995, incident until after the conclusion of an internal sworn inquiry under Garda disciplinary regulations regarding other matters alleged by Mr Connolly to have occurred in March 1996 exceeded the provisions of the Garda Complaints Act, 1986.
It was following the latter inquiry that Sgt Sheehan was demoted to the rank of garda.
It was argued that the delay in holding the hearing breached his right to natural and constitutional justice, fairness of procedures and due process.
In the proceedings, Garda Sheehan also wants a declaration that the decision of the complaints tribunal failed to take into account the content and the credibility of the actual evidence heard before the tribunal, and his record in the Garda.