Acquittal of Garda in Circuit Court appeal did not bar Garda disciplinary investigation into alleged assault

Judicial review – garda disciplinary proceedings – appeal of High refusal to restrain Garda disciplinary investigation – appellant is a member of An Garda Síochána who has been suspended from operational duties – appellant is alleged to have used unprofessional and discriminatory language towards a person in custody and also to have used excessive force – s. 102 of the Garda Síochána Act 2005 – Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007) – involvement of GSOC in the disciplinary process – relevant provisions of the 2005 Act – applicant’s case regarding the 2005 Act – there is nothing in the 2005 Act which expressly precludes the commencement of disciplinary proceedings following the acquittal of the member in the wake of a criminal prosecution which GSOC itself had recommended – Article 8 of the 2007 Regulations – when disciplinary proceedings may be continued against a member of the force even though that Garda may have been acquitted of any criminal charge – whether the disciplinary proceedings would involve an inquiry into the same issues in respect of which the applicant was so acquitted – would the continuation of the disciplinary charges be unfair and oppressive – legitimate expectations – applicant had not acquired any legitimate expectation which bound the Commissioner and precluded the commencement of the disciplinary proceedings – appeal dismissed.