Mon Sep 09 15:13:43 UTC 2024: ## Suspended Garda Challenges Disciplinary Proceedings and Suspension
A probationary garda, who was the subject of a withdrawn rape allegation, has taken legal action against the Garda Commissioner, seeking to have his ongoing suspension lifted and disciplinary proceedings against him halted. The garda, who has always maintained his innocence, was suspended four years ago after being accused of rape and driving under the influence of alcohol.
The rape allegation was withdrawn in early 2021, and the garda was never charged or prosecuted. Despite this, he remains suspended and faces disciplinary proceedings for alleged “discreditable conduct,” as recommended by the Garda Síochána Ombudsman Commission (GSOC) following an investigation.
The garda’s lawyers argue that the disciplinary proceedings are unlawful and a violation of his rights, citing the delay in their commencement and the absence of an active complaint. They also contend that the prolonged suspension is unjustified and disproportionate.
In the High Court action, the garda seeks orders to stop the disciplinary proceedings, lift his suspension, and confirm his appointment as a garda, as his probationary period has expired. The case will return to court next month.
First Piper 