Suspended Donegal Garda Ms Martina Fowley has been granted leave of the High Court to seek an order prohibiting the Garda authorities from taking any further steps in any disciplinary process against her.
Garda Fowley was suspended by the Garda Commissioner after the Frank Shortt miscarriage of justice case.
Mr Justice Liam Mc Kechnie 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 decision of August 1st last was reached failed to vindicate her constitutional right to her good name and reputation.
Mr Conleth Bradley, counsel for Garda Fowley, who lives at 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 before it was made.
Mr Bradley said that on August 1st last 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 in advance of the decision.
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 Frank Shortt and the DPP.
On August 12th her solicitor Mr Damien Tansey had written to the Garda Commissioner and Assistant Garda Commissioner Mr Michael Murphy 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. The letter claimed the decision to suspend her had predetermined any subsequent investigation.
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.
The decision to suspend her had a detrimental impact on her reputation and good name.
Garda Fowley said in an affidavit that it was not until August 15th 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 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
She said the manner in which the decision to suspend her was made had caused her and her family considerable distress. The considerable publicity which it received had further exacerbated her distress and upset.
"I am firmly of the view I will not receive fair procedures in any subsequent investigation," she said. "As I was on sick leave with full pay at the time the decision was made, and will continue to be so for some time to come, the suspension serves no purpose other than to attempt to discredit me."
Mr Justice Mc Kechnie said he was satisfied there existed sufficient ground upon which he should grant Garda Fowley leave to challenge her suspension and the disciplinary process against her.