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Garda disciplinary investigation to continue despite acquittal of criminal charges
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Court of Appeal dismisses appeal of High Court refusal to restrain a Garda disciplinary investigation into an incident which led to the applicant being acquitted of failing to report an road traffic accident and failing to keep a vehicle at the place of the occurrence of the accident, on the grounds that: a) the Regulations contain an objective prohibition on disciplinary proceedings where both of the two conditions specified therein are satisfied, and the views of the Garda authorities as to whether these conditions are satisfied are not dispositive since the assessment of this is ultimately a matter for the court; b) the proposed investigation would not breach the Regulations because none of the charges involve the same issues as the remaining disciplinary charge, but if the investigation became oppressive, the Garda authorities would be entitled to discontinue it; and c) the objection to the appointment of a Superintendent on grounds of non-delegation was not well founded.
Judicial review – garda disciplinary proceedings – appeal of High Court refusal to restrain Garda disciplinary investigation – Garda Síochána (Discipline) Regulations 2007 (S.I. No. 241 of 2007) – applicant was involved in a single vehicle road traffic accident and charged with failing to report the accident and failing to keep the vehicle at the place of the occurrence of the accident – whether the garda disciplinary investigation could go ahead after the applicant was acquitted of criminal charges – Article 8 of the 2007 Regulations –whether the disciplinary inquiry involved an inquiry into the “same issues” as those in respect of which he had been acquitted – whether it would be unfair and oppressive to commence or continue an investigation – whether the proceedings are premature – scope of the prohibition in Article 8(2) – whether it was necessary for the Garda authorities to have formed a prior opinion regarding the scope of Article 8 of the 2007 Regulations – delegation issue – appeal dismissed.
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