A detcdtive garda has lost a High Court challenge to the handling by the Garda Complaints Board of an allegation that he committed breaches of conduct when investigating theft of property in Cork city.
Det Garda John Paul Culligan, stationed at Anglesea Street, Cork, had sought an order requiring the board to carry out a proper investigation prior to a disciplinary inquiry. He also sought an order directing the board to call certain witnesses at any future disciplinary inquiry.
It was alleged that the detective, while investigating the theft of furniture in Cork, had met a Mr Gerard Abraham in September 1997 at his premises in St Patrick's Woollen Mills. Mr Abraham subsequently made a complaint alleging abuse of authority and harassment.
It was alleged that the detective garda had entered Mr Abraham's premises without a search warrant and refused to leave when asked to do so. It was also alleged that he threatened Mr Abraham by saying he would have him before the courts and have his "f . . . ing ass" deported back to Trinidad or wherever it was he came from, or words to that effect.
In his judgment the President of the High Court, Mr Justice Finnegan, said he was being asked to decide two issues; whether an investigation had been carried out in compliance with the 1986 Garda Siochána (Complaints) Act and whether the prosecutor before a disciplinary tribunal was obliged to call a witness whose evidence was favourable to a garda under investigation.
Following receipt of a preliminary Garda report on the complaints made by Mr Abraham, the Complaints Board took the view that a breach of discipline by the detective garda might have occurred and referred the matter to a tribunal under the 1986 Act.
Mr Justice Finnegan said that, on each of the issues raised, he found against Det Garda Culligan and refused him the legal relief he sought. He was satisfied the preliminary Garda investigation was in accordance with the 1986 Act.