A garda has won his High Court bid to stop disciplinary proceedings against him for allegedly failing to record and secure nine small bags containing precious jewels worth an estimated €3,000-€6,000.
The bags were alleged to have been handed in to a Dublin Garda station but cannot now be found.
Garda Mark Gibbons, who is attached to Kevin Street Garda station, took his action against the Garda Commissioner on grounds of delay and the alleged failure of the commissioner to deal with the matter expeditiously.
Mr Justice John Edwards ruled yesterday there was, "regrettably", "inordinate and inexcusable delay" in the case.
Garda Gibbons was the member in charge of lost property at Kevin Street Garda station at the relevant time, the judge said. A document handed in to court had claimed the location where the jewels were stored was a relatively secure area but the keys to this location were allegedly readily available in the public office to all members of the force.
The judge granted Garda Gibbons an order prohibiting proceedings in respect of two alleged breaches of discipline on September 19th, 2001, and also granted a declaration that the failure by the commissioner to investigate the matter expeditiously breached his entitlement to fair procedures.
The judge had heard that the person who found the jewels is entitled to secure the property if unclaimed after a year and a day. However, the finder complained of being unable to do this because they could not be found. The court was told a receipt should have been given when the jewels were handed in but this had not been done.
The court also heard the finder had previously found a sapphire and was acquainted with the law on such finds. A Garda sergeant and another garda had already been disciplined concerning the loss of the jewels, the court was told. In an affidavit, Garda Gibbons said he was asked in October 2002 by a sergeant if he knew anything about lost property apparently handed in to Kevin Street station on September 19th, 2001. He conducted a search but had no recollection of any items being handed in to the station on that date.
He was informed on July 15th, 2005, that an investigating officer had been appointed to investigate a breach of discipline alleged against him. He was further advised on January 30th, 2006, that a sworn inquiry was due to begin on March 7th that year.