A probationer garda who was dismissed after he allegedly pulled up a woman's dress and pinched her buttocks in a Dublin bar was given leave by the High Court yesterday to seek an order quashing his dismissal.
Mr Gerard Hogan SC, for the former probationer garda, Mr Eamon Cahill, said new evidence had come to light.
He said it was alleged that, while Mr Cahill was in a pub in Crumlin, Dublin, with other gardai after a football match on June 2nd, 1996, he had lifted up a woman's skirt and pinched her buttocks.
Counsel said the corroborative evidence of a man was particularly relied upon during disciplinary proceedings, which eventually resulted in his client's dismissal. New evidence had now emerged in relation to that witness.
Mr Hogan asked Mr Justice Geoghegan to read legal papers in the matter to save the parties embarrassment. The documents were not read to the court.
Granting leave to seek a number of orders, including an order quashing the decision to dismiss Mr Cahill, Mr Justice Geoghegan said it was an unusual case.
"But, in the circumstances, you are clearly entitled to leave," the judge told Mr Hogan.
Mr Justice Geoghegan said a strong factor which appeared to have been taken into account by the Garda disciplinary authorities in determining Mr Cahill's guilt of the charge against him was the evidence of a particular witness.
Now evidence produced by Mr Cahill's side suggested the so-called independent witness was not independent at all but had a relationship with the woman complainant, the judge added.
He granted leave to seek an order quashing the findings of the Garda disciplinary inquiry of April 8th, 1997, and April 14th, 1997, that he was in breach of discipline. Mr Cahill also secured leave to seek to quash an order of March 6th, 1998, that Mr Cahill should resign from the Garda with effect from March 27th, 1998, and, in the event of failure to do so, should be dismissed. Mr Cahill, in fact, refused to resign and was dismissed.