The High Court dismissed a long-running action brought by a former member of An Garda Síochána who sought to challenge the termination of his employment on alleged health grounds, claiming the real reason for his retirement was due to his involvement in and disclosures about covert Garda operations. The court found that the proceedings were marked by significant and inexcusable delays spanning over fifteen years, with key steps in the litigation not taken in a timely fashion. Applying recently revised legal principles governing delay and want of prosecution, the court held that the length and nature of the delay—most of which was not excused by the plaintiff’s engagement in alternative processes—and the resulting prejudice to the defendants, particularly the loss of important witnesses, warranted dismissal of the case. The court rejected arguments that any pressing exigency of justice or public interest demanded the matters proceed, stating that neither the plaintiff’s engagement with external review bodies nor the seriousness of the allegations outweighed the prejudice to the defendants and the imperative of timely prosecution.
dismissal for delay – unlawful termination – forced retirement – An Garda Síochána – inordinate and inexcusable delay – strike out for want of prosecution – alternative remedies – prejudice to defendant – death and unavailability of witnesses – litigation disadvantage – application to dismiss proceedings – engagement with external review – Garda Síochána Ombudsman Commission – Independent Review Mechanism – Rules of the Superior Courts (RSC) – judicial review threshold – compelling reasons