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Court of Appeal dismisses appeal from the High Court, and affirms decision to refuse to grant an order of prohibition restraining the respondents from establishing a Board of Inquiry to determine whether the applicant had committed certain alleged breaches of discipline and to prevent any further steps being taken, on the grounds that: (a) the alleged breaches of discipline and discreditable conduct were not the same issues as occupied the Circuit Criminal Court; (b) the alleged breaches of discipline are matters of substance, and it is understandable that there would be a desire to investigate them; and (c) there is no obligation to provide reasons as to why the Board of Inquiry is being established.
Birmingham P. (nem diss): Judicial Review - Garda Disciplinary Inquiry - application seeking to challenge the decision of the first respondent to establish a Board of Inquiry and prohibit the Board from taking any further steps - allegation that the applicant had failed to properly investigate an allegation of sexual abuse in the 1980s - separate criminal proceedings resulted in a not guilty verdict - acquitted of one count of forgery - acquitted of two counts of using a false instrument - whether the issues that arose in the disciplinary inquiry were the same as the issues that arose in the separate criminal proceedings in the Circuit Criminal Court - whether the Board was entitled to investigate the matters alleged - whether there was an obligation to give reasons for the establishment of the Board of Inquiry -whether the trial judge had erred in allowing the amendment of the statement of grounds.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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