A former garda who was dismissed for allegedly lifting a married woman's skirt and squeezing her bottom has taken a High Court challenge to his dismissal.
Counsel for the former garda, Mr Eamonn Cahill, claimed that a "vital witness" who gave evidence against his client was a married man who had a "romantic relationship" with the woman complainant.
Mr Cahill, Russell Court, Ballykeefe, Limerick, applied yesterday, in judicial review proceedings, for an order quashing the decision of the Garda Commissioner to dismiss him and for another order directing a rehearing. The hearing concluded yesterday afternoon and Mr Justice Murphy reserved judgment.
Mr Gerard Hogan SC, for Mr Cahill, said his client "vigorously" denied the allegation by the woman complainant, referred to as "Ms F". The incident was alleged to have taken place in the Village Inn, Crumlin, Dublin, on June 2nd, 1996.
Counsel claimed no one, including Ms F, had seen the incident and she had presumed the person responsible was Mr Cahill.
After the dismissal there was an investigation by a private detective and new material came to light after the detective spoke to the wife of "Mr D" (Mr D was described as a "vital witness").
Mr Hogan said Mr D had attended the disciplinary hearing relating to Mr Cahill and corroborated Ms F's claims. He was treated as a social acquaintance. Counsel said Mr D had given evidence that Mr Cahill had said to him: "Sure, I have done nothing. I have only felt her arse." Mr Cahill denied he ever said that.
Mr D's evidence was critical to the hearing, Mr Hogan added. The impression must have been given to the inquiry that he was independent and detached and therefore more credible.
Mr Hogan alleged there had been "fraud in the legal sense" concerning the nature of Mr D's relationship to Ms F. Mr D and Ms F had allowed evidence to be tendered before the court as if they were at best social acquaintances, whereas if it was known they were having a romantic relationship it would have been hugely important, counsel said.
The Garda Commissioner denied Mr Cahill's claims. In an affidavit, Insp Aidan Kelleher said he had no doubt the appeal board had considered all the evidence.
He did not accept that the nature of the relationship between Ms F and Mr D had any relevance to the decision.