The Supreme Court yesterday overturned a 1993 decision of the Garda Commissioner to dispense with the services of a probationary garda on the grounds of an alleged "serious neglect of duty".
Garda Daniel Cleary was dismissed by the Commissioner after the arrest of the president of a US multinational corporation for alleged speeding on the Cahir/Tipperary road in 1992.
On November 23rd, 1992, Garda Cleary was served with a document in which the Commissioner said he proposed to dispense with his services on the ground that he did not consider the young garda was likely to become an efficient and well-conducted member of the force.
The notice went on to say that the Commissioner was led to this conclusion because of Garda Cleary's conduct in relation to the events following the arrest by Garda Cleary of Mr Ciaran Lynch, Yarmouth, US, on July 23rd, 1992.
The notice referred to what the Commissioner alleged was Garda Cleary's failure in particular to attend at Tipperary Garda Station, where Mr Lynch was in custody, to have the allegations against him processed and dealt with in accordance with law and said such failure amounted to a serious neglect of duty.
On March 3rd, 1994, the High Court upheld the decision of the Garda Commissioner. But yesterday the Supreme Court, to whom Garda Cleary appealed, overturned that decision.
Allowing the appeal and quashing the dismissal order, Mr Justice O'Flaherty said this did not mean that Garda Cleary will necessarily be continued in the force.
It did mean the Commissioner must set up a fresh inquiry; provide the applicant with information as to the case made against him and give him an opportunity to respond.