An assistant chief prison officer who was accused of sexually harassing another officer yesterday won his challenge to Prison Governor Mr John Lonergan's decision to discipline him.
Mr Justice Murphy said he was quashing a decision of the Minister for Justice supporting Mr Lonergan's decision on the grounds the officer involved had not made her complaint within the required seven days.
Mr John Karl McLeod had brought proceedings by way of judicial review seeking to quash the Minister's decision.
The incident which gave rise to the complaint was alleged to have taken place in the "Keys Office" of the prison on March 8th, 1999 and concerned another assistant chief officer, Ms Breda Shasby.
Mr Anthony Collins, for Mr McLeod, said his client had claimed that while he was checking a detail book, Ms Shasby jumped away from him shouting: "Stop rubbing yourself against me or I will land you in front of the governor again."
Counsel said Ms Shasby had claimed Mr McLeod had shoulder-charged her from both right and left while attempting to read the detail book. On the second shoulder charge, she shouted: "You do that again and I will see the governor again about you."
On March 10th, 1999 Mr McLeod reported the incident in the Keys Office to the governor. He said he had made no physical contact with Ms Shasby and denied any allegations made by her.
The court was told Ms Shasby subsequently submitted three pages of type-written complaint against Mr McLeod in which she alleged he pushed her violently and shoulder-charged her. She claimed Mr McLeod's behaviour went back to 1995.
Quashing the Minister's decision, Mr Justice Murphy said the notice of complaint was made outside the time provided in the regulations.
The judge said his decision was based on the formal nature of the disciplinary code for prison officers.