THE provisions of the Garda Siochana (Discipline) Regulations were ignored by the Garda authorities in dealing with the incident involving the Minister lord Defence, Mr Sean Barrett, and Garda Michael Fitzpatrick, the garda's solicitor told the High Court.
In an affidavit opened to the court by Mr Pat O'Connell, counsel for Garda Fitzpatrick, Mr Thomas Murphy said none of the procedures laid down in the Regulations had been followed in dealing with the matter.
Mr Murphy said Garda Fitzpatrick was currently stationed at Pyla, Cyprus, with the United Nations Irish Civilian Police Force, and had commenced duty on January 3rd for a term of 13 months.
On March 15th he attended an Irish Army Medal Parade in Nicosia and a reception afterwards. He had been in the company of Gardai Scanlon and O'Reilly and Inspector Conlon.
Mr Murphy said that during the reception Garda Fitzpatrick's party was joined by Mr Sean Barrett, Minister for Defence and Marine, and a conversation ensued between Garda Fitzpatrick and the Minister.
"During the course of this conversation Garda Fitzpatrick sought Minister Barrett's views on certain allowances payable to members of the Garda serving with the UN in Cyprus," Mr Murphy said.
"I believe Minister Barrett appeared to take exception to a remark passed by Garda Fitzpatrick, in jest, during the course of this conversation. Minister Barrett complained to the Garda authorities and, in particular, to Inspector Conlon."
Mr Murphy said Garda Fitzpatrick immediately apologised for any upset or annoyance that may have been caused to Mr Barrett. The Garda authorities had requested Garda Fitzpatrick to apologise in writing and he had complied. He and his colleagues present had made reports to the authorities.
Mr Murphy said that on receipt of the reports, the Garda Commissioner directed that Garda Fitzpatrick be repatriated and that this was to take place on April 6th.
He said the repatriation was as a result of remarks passed during the course of the conversation with the Minister. Garda Fitzpatrick wrote appealing the Commissioner's decision but the appeal was refused. His client had sought to have the decision reviewed by the Garda Review Body by way of an appeal against transfer, but this, too, had been refused.