A High Court judge has said he is not going to express any view on whether the Garda Commissioner was entitled to recommence proceedings against a Garda sergeant who is alleged to have put his hand on the leg of a young man and squeezed his testicles.
Mr Justice Geoghegan yesterday granted an application by the State to quash decisions by a Garda tribunal and appeals board in relation to allegations of discreditable conduct on the part of Sgt Michael Deasy, stationed at the Phoenix Park depot in Dublin. The judge said he would not remit the matter or express any view on whether the Garda Commissioner was entitled to bring new proceedings against Sgt Deasy.
Earlier this month, Mr Justice Geoghegan quashed a decision of the Garda Commissioner ordering Sgt Deasy to resign or be dismissed from the force. It was alleged that Sgt Deasy gave a lift to a student while driving on the Castle knock Road, Dublin, on October 25th, 1995, and put his hand on the student's leg, squeezing his testicles. It was also claimed the sergeant parked his car, let back the passenger seat, lay over the student and tried to kiss him.
The Garda authorities alleged that Sgt Deasy had conducted himself in a manner which he ought to have known would be prejudicial to discipline or reasonably likely to bring discredit on the Garda.
Quashing the Commissioner's decision, Mr Justice Geoghegan held that Sgt Deasy was left in the dark about whether the alleged conduct being consensual or non-consensual was regarded as relevant. He was also left in the dark about whether it was regarded as relevant whether the alleged conduct was homosexual. The judge said it was not alleged that Sgt Deasy was on duty at the time. If an analogous activity was alleged to have occurred with a woman, a question mark must arise as to whether it would necessarily be "discreditable conduct" or, at the very least, whether Sgt Deasy could necessarily be expected to know it would be such.
Ms Nuala Butler, for the State, applied to the judge to quash also the decisions of the Garda tribunal and appeals board in relation to the matter. Mr Stephen Mc Cann, for Sgt Deasy, said he was anxious that any order by the court could not permit any remitting or rehearing of the allegations against his client.
Mr Justice Geoghegan said he was not going to remit the matter and would not express any view as to whether the Commissioner was entitled to recommence proceedings against Sgt Deasy. He quashed the findings of the Garda tribunal and appeals board.