IT WAS alleged in the High Court yesterday that the Minister for Defence, Mr Barrett, "was drunk" at a drinks reception in Cyprus when a garda "jested" with him that Fianna Fail would increase UN allowances if it was in power.
The claim was made in an unprecedented Good Friday sitting of the High Court where Mr Justice Carney restrained the Garda Commissioner, Mr Patrick Culligan, from repatriating Garda Michael Fitzpatrick from Cyprus to his station at Carrickmacross, Co Monaghan.
Mr Pat O'Connell, for Garda Fitzpatrick, said a witness of the incident in the Hibernian Club in Nicosia on March 15th had reported to his superiors that Garda Fitzpatrick and the Minister "had a lot of alcohol consumed and both were drunk".
Granting an injunction restraining Mr Culligan from repatriating Garda Fitzpatrick today, Mr Justice Carney said he was satisfied a strong prima facie case had been made out that the sanction imposed was disproportionate to a constitutionally unfair degree.
He gave Garda Fitzpatrick leave to apply to the High Court, to challenge the Garda Commissioner's decision and told Mr O'Connell that Mr Culligan could be notified forthwith by telephone.
Garda Fitzpatrick's solicitor, Mr Thomas Murphy, of Hughes Murphy and Co, said in an affidavit that his client had attended the reception, and during a conversation sought the Minister's views on certain allowances payable to gardai serving with the UN in Cyprus. The Minister appeared to take exception to a remark passed in jest and complained to the Garda authorities.
Mr O'Connell read a statement made after the incident to his superiors by Garda John Scanlon who had been part of Garda Fitzpatrick's group.
The statement said "About 12.30 am. we were joined by Minister Barrett and some of his entourage. I remember Police Officer Fitzpatrick asking Minister Barrett about the home allowance paid to Irish police serving in Cyprus.
"The Minister seemed to be come upset and accused? P.O. Fitzpatrick of being obsessed with money. PO Fitzpatrick then remarked, that perhaps if Fianna Fail were, in power they would increase this allowance.
"The Minister then became very irate and said P.O. Fitzpatrick was a disgrace. Both P.O. Fitzpatrick and the Minister had a lot of alcohol consumed and both were drunk. The Minister was shaking and seemed to be very upset. He said P.O. Fitzpatrick would go no, further.
"Some Army officers then intervened and asked me to remove P.O. Fitzpatrick from the room. I asked P.O. Fitzpatrick to leave and we left the room accompanied by P.O. O'Reilly. P.O. Fitzpatrick apologised to Minister Barrett as he left the room. We remained at the back of the building until after the Minister had left."
The court was told Garda Fitzpatrick, who was to be flown, home today, was still in Cyprus.