Disciplinary proceedings against probationary Garda were tainted by breach of fair procedures

The High Court has granted an order of prohibition against the disciplinary process involving a probationary member of An Garda Síochána, finding that the process was tainted by a breach of fair procedures. The member, who had been under investigation for alleged breaches of discipline related to a road traffic accident investigation, successfully argued that a letter from the investigating officer, which was included in the Board of Inquiry's documentation, prejudiced the proceedings. The court determined that the process had gone "irredeemably wrong" due to the letter's contents, which had unfairly influenced the Board's ability to conduct an impartial hearing. Consequently, the court prohibited any further disciplinary action based on the tainted process.