THE HIGH Court has reserved judgment on an attempt by a Garda sergeant to stop an internal investigation into complaints by a female colleague that he harassed her on grounds of sexual orientation.
Among the allegations being investigated is that Sgt Paul Fanning had in May 2008 placed a paper sign, reading “FAG 1”, in front of a number plate of a car of the complainant.
It is also alleged Sgt Fanning asked the complainant if she had enjoyed searching a woman prisoner and that he had sent inappropriate messages on the Garda command and control system.
Sgt Fanning, now stationed at Cabra Garda station, claims the investigation into the complaints is flawed on grounds including delay and breach of his rights to a fair hearing, fair procedures and natural justice.
The investigation is being brought under Garda policy and procedures related to harassment, sexual harassment and bullying.
In opposing the judicial review proceedings, the Garda Commissioner denied acting wrongly in relation to the investigation.
The case concluded yesterday and Mr Justice John Hedigan reserved judgment.
The court heard an earlier investigation under Garda disciplinary procedures into a complaint by Sgt Fanning’s female colleague about the alleged number plate incident was halted in early 2008.
The new investigation was initiated in mid-May 2009. Sgt Fanning claims, under the terms of the relevant Garda policy, any investigation must be completed within 28 days and the investigation is therefore out of time.
He also wants orders preventing the use in the investigation or any future investigations of any statements taken in the previous investigation.