Suspended Donegal garda Martina Fowley has been granted leave by the High Court to seek an order prohibiting the Garda authorities from taking any further steps in any disciplinary process against her.
Mr Justice Liam McKechnie also permitted her to seek to quash the decision to suspend her and seek a declaration that it infringed her rights to fair procedures and natural justice. Garda Fowley, who has been on sick leave from her station in Letterkenny since July 2000, will also seek a declaration that the manner in which the suspension of August 1st was reached failed to vindicate her constitutional right to her good name and reputation.
Mr Conleth Bradley, counsel for Garda Fowley of Beechwood Park, Letterkenny, told the court the decision to suspend her had been made without any notification and she had not been afforded an opportunity to make representations.
Mr Bradley said that on August 1st Supt James Gallagher, Letterkenny, phoned her at approximately 8:45 p.m. and informed her she had been suspended. He had told her he was informing her by phone because news of her suspension was to be broadcast on the nine o'clock news.
He said that in addition to not being informed of any proposal to suspend her, Garda Fowley had not been informed of any complaint or reason.
Mr Bradley said Supt Gallagher had told his client he did not know the reason for the decision and knew nothing more than he had read in the newspapers, which had suggested it had something to do with the judgment only the previous day of the Court of Criminal Appeal in the case of Mr Frank Shortt and the DPP. On August 12th, her solicitor, Mr Damien Tansey, had written to the Garda Commissioner and Assistant Garda Commissioner stating that at no stage had she been notified of reasons for her suspension.
The letter stated that the Garda authorities had appointed Chief Supt Michael R. Andrew, Cork, to investigate alleged breaches of discipline by Garda Fowley arising from the Criminal Appeal Court's judgment.
Mr Bradley told the court the whole basis of the Garda investigation centred on the finding of the Court of Criminal Appeal which had made no finding whatsoever against Garda Fowley.
He said the circumstances of the case and the release of the suspension to the media meant it was especially incumbent on the Garda authorities to afford garda Fowley a certain degree of natural and constitutional justice.
Garda Fowley said in an affidavit that it was not until August 15th that she learned of the alleged breaches of discipline.
It had been alleged that in a statement made by her and given at the trial of Mr Frank Shortt regarding his presence during illicit drugs transactions at his premises, The Point Inn, Quigley's Point, Co Donegal, the Court of Criminal Appeal had found her evidence to have contributed to the wrongful conviction of Mr Shortt in 1995 amounting to a miscarriage of justice.
Mr Justice McKechnie said he was satisfied there existed sufficient grounds to grant Garda Fowley leave to challenge her suspension.