A GARDA sergeant has brought a High Court action aimed at halting an internal investigation into complaints of alleged homophobic treatment of a female colleague.
Sgt Paul Fanning, stationed at Cabra Garda station, claims an investigation into complaints against him by a female garda is flawed on grounds including delay and breach of his rights to a fair hearing, fair procedures and natural justice.
Among the allegations being investigated is that the sergeant had in May 2008 placed a paper sign, reading “FAG 1”, in front of a number plate of the car of the woman garda.
It is also alleged Sgt Fanning asked the garda if she had enjoyed searching a woman prisoner and had sent inappropriate messages on the Garda command and control system.
In his action against the Garda Commissioner, Sgt Fanning wants orders quashing the investigation under the Garda policy and procedures related to harassment, sexual harassment and bullying.
He also wants orders preventing the use in this investigation or any future investigations of any statements taken during the course of a previous investigation that was halted following earlier court proceedings.
In a statement of opposition, the commissioner denies acting wrongly in relation to the investigation.
Yesterday, the court heard an initial investigation began under Garda disciplinary procedures after a complaint was made by the female garda against Sgt Fanning in June 2008 when both were stationed at Ballyfermot Garda station.
Sgt Fanning brought judicial review proceedings arising out of that decision to investigate him. Those proceedings were later compromised and the investigation was stopped in February 2009.
A new investigation was begun in mid-May 2009 under the Garda policy and procedures related to harassment, sexual harassment and bullying. Sgt Fanning claims, under the terms of that policy, that any investigation must be completed within 28 days and the investigation is therefore out of time.
He has also claimed he was not informed until April 2009 of additional complaints made against him by the woman garda to the effect he had asked her if she had enjoyed searching a woman prisoner and had also sent inappropriate messages on the Garda command and control system.
In an affidavit, Sgt Fanning, a member of the force for almost 20 years, said the woman garda was under his direct supervision when both were stationed at Ballyfermot Garda station.
He said he made unfavourable reports about her performance as a garda to his superiors. In June 2008, he was informed the garda had made a complaint of a very serious nature against him. After that complaint, he was transferred to Cabra.
The hearing continues.