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High Court, by way of judicial review, refuses to restrain garda disciplinary proceedings arising from the alleged use of unprofessional and discriminatory language towards a person in custody, on the grounds that: 1) neither the conclusion of a Garda Ombudsman investigation or acquittal (on the criminal charges) precluded a disciplinary hearing; and 2) an enquiry would not be unfair to the applicant.
Judicial review – garda disciplinary proceedings – application for order restraining further disciplinary proceedings of member of An Garda Siochana – s. 25 of An Garda Síochána (Discipline) Regulations 2007 – garda alleged to have used unprofessional and discriminatory language towards a person in custody – Criminal Justice (Treatment of Persons in Custody) Regulations, 1987 – GSOC investigation – s. 102 of the Act of 2005 – whether the respondent had the power to carry out a separate investigation under the Regulations after GSOC had concluded its investigation – neither the conclusion of the GSOC investigation and the acquittal precluded a disciplinary hearing – the effect of the acquittal on the disciplinary investigation – whether an enquiry would be unfair to the applicant – legitimate expectation – reliefs sought refused.
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