High Court, by way of judicial review, refuses to prohibit Garda disciplinary proceedings after applicants became involved in an incident in Limerick which led to their criminal prosecution for assault, on the grounds that it would be inappropriate to direct how the Board of Inquiry approaches the issue of the credibility of the witnesses or fair procedures where the Board, with its specialist expertise, is entitled to curial deference.
Employment law – policing law – judicial review – application to prohibit Garda disciplinary proceedings – An Garda Síochána (Discipline) Regulations 2007 – Regulation 24 of the Garda Síochána (Discipline) Regulations 2007 – applicants became involved in an incident which led to their criminal prosecution for assault contrary to s. 2 of the Non Fatal Offences Against the Person Act 1997 in Limerick – Regulation 24 of the Garda Síochána (Discipline) Regulations 2007 – statutory scheme of discipline – Section 123(1) of the Garda Síochána Act 2005 – legal principles governing the application of Section 8 of the regulations – whether it is open to an investigating officer as part of an investigation where a criminal prosecution has been initiated against a member and the member has been acquitted to recommend that a prima facie case of a serious breach of discipline – investigating officer in his recommendation and the Commissioner in her decision, had ample prima facie evidence to commence an inquiry and to invoke s. 25 to set up a Board of Inquiry without reference to s. 8 of the Regulations – inappropriate for this Court to direct how the Board approaches the issue of the credibility of the witnesses who alleged that the applicants attempted to gain entry to an apartment and intimated they were looking for girls or brazzers – reliefs sought refused.