Ireland Case No. 30183Sexual act
High Court rules garda's suspension over station sexual act unlawful
A garda engaged in a sexual act with a woman in a rural Garda station in March 2017, while she was there to give a statement about her sister's arrest. He admitted discreditable conduct in an internal inquiry in September 2018, and the Commissioner recommended he retire or resign. In January 2020 an appeal board replaced that penalty with a four-week pay reduction, and he was then suspended by letter. In 2022 the High Court ruled the suspension unlawful, finding he had been penalised twice for the same matter.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court1 Apr
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports- What happened
- A garda engaged in a sexual act with a woman while on duty in a Garda station.
- The woman had come into the station to give a statement relating to the arrest of her sister.
- Where
- The garda was based in a rural station.
- When
- The incident occurred in March 2017.
- The garda received a letter suspending him in January 2020.
- Investigation
- In an internal inquiry in September 2018 the garda admitted discreditable conduct by engaging in the sexual act.
- In court
- The Commissioner's disciplinary process recommended that the garda be required to retire or resign and be subject to a two-week pay reduction.
- An appeal board chaired by Caroline Biggs decided in January 2020 that the penalty of resignation was disproportionate.
- The garda brought High Court judicial review proceedings against the Garda Commissioner, who opposed the action.
- In a 2022 ruling, Mr Justice Cian Ferriter found the suspension unlawful because the garda was being penalised twice for the same matter.
- Sentence
- The garda was told he would be dismissed if he failed to resign by 16 November 2018.
- The appeal board imposed a four-week pay reduction for the sexual act breach.
- Other details
- The Commissioner said the woman was vulnerable and the garda was in a position of authority and alone with her in the station.
- The garda's father had not spoken to him in 14 months, and the garda has three very young children and a mortgage.
13 statements extracted from the articles
- whatThe garda engaged in a sexual act with a woman while on duty in a Garda station (irishtimes.com)
- whatThe woman had come into the station to give a statement relating to the arrest of her sister (irishtimes.com)
- whereThe garda was based in a rural station (irishtimes.com)
- whenThe incident occurred in March 2017 (irishtimes.com)
- whenThe garda admitted the act in an internal inquiry in September 2018 (irishtimes.com)
- whenThe garda was told he would be dismissed if he failed to resign by 16 November 2018 (irishtimes.com)
- whenThe garda received a letter suspending him in January 2020 (irishtimes.com)
- courtIt was recommended the garda be required to retire or resign and be subject to a two-week pay reduction (irishtimes.com)
- courtAn appeal board chaired by Caroline Biggs decided in January 2020 that the sexual act penalty was disproportionate (irishtimes.com)
- sentenceThe appeal board imposed a four-week pay reduction for the sexual act breach (irishtimes.com)
- otherThe garda's father had not spoken to him in 14 months (irishtimes.com)
- otherThe garda was the father of three very young children with a mortgage and a family to provide for (irishtimes.com)
- otherThe Commissioner said the woman was vulnerable and the garda was in a position of authority and alone with her in the station (irishtimes.com)
The reporting
newest first- 1 Apr2022Garda who engaged in sex act with woman in station wins challenge over suspension
Reports the High Court ruling that the garda's suspension was unlawful, finding he was being 'vexed twice' for the same matter after the appeal board had already reduced his penalty to a pay cut.
accused, malevictim, female