This article is from page 12 of the 2005-10-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
A FORMER Scariff-based Garda ser- geant has asked a High Court judge to quash a decision by the Garda Siochana Complaints Tribunal requiring him to re- sign from the force.
The decision relating to Garda Ciaran Sheehan was made seven years ago fol- lowing a hearing by the tribunal into al- legations of ‘oppressive conduct’ by the Garda, who was then a Sergeant, towards a member of the public.
Garda Sheehan, who was once ‘top of his class,’ brought his judicial review proceedings against the Garda Siochana Complaints Tribunal and the Garda Sio- chana Complaints Board. Both respond- ents have rejected claims of unfair proce- dures and breach of rights.
Gda Sheehan wants an order quashing a decision of the Complaints Tribunal on June 8, 1998. He also wants an order quashing the breach of discipline find- ing.
The tribunal hearings arose after a com- plaint by Patrick Teddy Connolly from Scariff about an incident alleged to have occurred on September 12, 1995, outside a petrol filing station. It was alleged that then Sgt Sheehan engaged in oppressive conduct towards Mr Connolly, outside Treacy’s filling station, Scarriff.
It was alleged the then Sergeant ap- proached Mr Connolly and questioned
him about a statement Mr Connolly had made to a Garda Inspector concerning an investigation by that inspector, in which Sgt Sheehan was the member concerned.
It was alleged that, having questioned Mr Connolly, Sgt Sheehan acted in an in- timidatory manner in checking the wind- screen of his car for tax and insurance and in checking the condition of his tyres.
Mark Connaughton SC for Mr Shee- han, argued the inquiry conducted by the tribunal into the allegations was ‘tainted with illegality’ and that the tribunal had no jursidiction to act as it had.
It was contended a decision of the Com- plaints Board by itself and/or in conjunc- tion with the complaints tribunal, to delay the tribunal hearing into the complaint by Mr Connolly until after the conclusion of an internal sworn inquiry under Garda discipinary regulations regarding other matters alleged by Mr Connolly to have occurred in March 1996, was in excess of the provsions of the Garda Complaints Act 1986. It was following the latter in- quiry that Sgt Sheehan was demoted to the rank of Garda.
It was argued that the delay in holding the tribunal hearing breached the appli- cant.s rights to natural and constitutional justice, fairness of procedures and due process.
The hearing before Mr Justice Roder- ick Murphy is expected to conclude today Gheer oF