A retired Co Roscommon garda with an "unblemished" career denied at the High Court yesterday he knew of faked or "rigged" car accident claims.
Mr Martin Desmond McGonigal claimed there had been no conclusion to a Garda investigation which began three years ago, apparently into the alleged claims rigging, but he was being denied a pension.
Mr Justice Smyth gave Mr McGonigal, of Cleen, Knockvicar, Boyle, leave to challenge the Minister for Justice's failure to grant him a pension and gratuity. Mr McGonigal claims he has lost £50,000 to date.
Mr Michael O'Higgins, for Mr McGonigal, said his client had an unblemished career and became eligible for pension after serving 30 years in the Garda. Under the rules, any person guilty of misconduct might have his pension reduced or not paid.
As he approached pension age in August 1996, a special Garda investigation unit, drawn from neighbouring stations in Co Longford along with a special unit from Dublin, began inquiries, but the nature of their investigations was not disclosed to Mr McGonigal.
Mr McGonigal, in an affidavit, said local gardai believed the investigation was into a group of people who were "rigging cars". Later, it was suggested the unit was investigating road traffic accidents which were suspected of being either "rigged" or faked and which were facilitating fraudulent claims for personal injury.
Some months after the special unit arrived, he was questioned by an Insp Bernard Leyden who indicated that insurance companies were querying claims and an investigation was ongoing into certain accidents. He had been questioned about his role in recording details in respect of four or five accidents.
Mr McGonigal said an accusation was made to him that the accidents were faked or rigged. He was shocked. He had never been accused during his Garda service of any wrongdoing. He told the inspector any details he had recorded were bona fide and he had no knowledge of rigged or faked accidents.
He applied in 1997 to retire but got a letter saying he was the subject of a Garda investigation. He withdrew his application but later renewed it and retired in May 1997.
He was fully prepared to give the gardai a reasonable time to investigate but he believed enough time had elapsed to conclude all investigations.