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Court of Appeal allows appeal from High Court, and grants judicial review of a letter from the Commissioner of An Garda Siochana indicating his intention to summarily dismiss a Garda who had removed a bluetooth speaker from a car that had been seized by one of his colleagues, on the grounds that: (a) the Commissioner had made findings of dishonesty on the part of the Garda, when the matter was under investigation by the Garda Siochana Ombudsman Office, and where the Garda had not had an opportunity to give his account of events; and (b) the Commissioner could not invoke his power of summary dismissal when the conduct relied upon was genuinely in dispute.
Noonan J (nem diss): Judicial review - determination of Commissioner of An Garda Siochana that Garda be dismissed - lack of disciplinary enquiry - refusal of judicial review by High Court - appeal - removal of property from seized car - Bluetooth speaker - investigation concerning alleged theft of bluetooth speaker - suspension from duty - investigation - criminal investigatoin by GSOC - decision by Garda Commissioner in May 2020 to dismiss Garda - ‘act of dishonesty’ - alleged breach of natural and constitutional justice - statutory framework - Commissioner’s powers of dismissal.
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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