The Supreme Court yesterday halted disciplinary proceedings against two Garda sergeants on grounds of "gross and culpable delay" by the Garda Complaints Board.
The proceedings had been instituted following an alleged incident at Finglas Garda station nearly 14 years ago involving a Dublin man, Mr Derek Fairbrother.
Sgts Christopher McCarthy and John Dennedy brought proceedings against the Garda Complaints Tribunal, Garda Complaints Board and Garda Commissioner. They denied being involved in an assault on Mr Fairbrother in June 1988.
Originally, the board had said it was investigating a complaint by Mr Fairbrother of wrongful arrest, imprisonment and assault.
Lawyers for the officers argued that, at some stage, it became a different complaint and they found they were facing a tribunal of inquiry into the alleged sending away of an ambulance and a refusal of a family visit.
Mr Fairbrother had claimed he was wrongfully imprisoned. It was alleged that Sgt McCarthy (now a superintendent) had initially summoned an ambulance for Mr Fairbrother but then failed to ensure that he received prompt medical treatment and hospitalisation. In the case of Sgt Dennedy (now a detective inspector), it was claimed he failed to allow the man's family to visit him promptly.
The two men challenged a decision of the tribunal in November 1994 that it should, in January 1995, hear evidence and determine whether they were in breach of discipline under the 1986 Garda (Complaints) Act and tribunal regulations relating to the alleged incident at the station six years earlier.
The High Court turned down their challenge and they brought an appeal to the Supreme Court. Yesterday, the five-judge Supreme Court upheld their appeal on the basis that there had been "gross culpable delay" on the part of the board.
The two officers were among witnesses who gave evidence at a 1992 court action brought by Mr Fairbrother. He settled his action against the State for £375,000 (€476,500) and costs.
Mr Fairbrother was arrested in the early hours of June 12th, 1988, and detained at the Garda station before being removed by ambulance to hospital. He claimed he had been unlawfully arrested and seriously assaulted by gardaí. He alleged that, as a result, he lost consciousness.
He was later brought to the Mater Hospital.