Courts

Garda who allegedly had inappropriate relationship with woman brings action challenging suspension

It is claimed woman is alleged to have reported crime to gardaí and subsequently entered into a relationship with Keith Harrison

Garda Keith Harrison. Photograph: Gareth Chaney Collins

Aodhan O'Faolain
Mon Mar 11 2024 - 21:39

Donegal-based Garda Keith Harrison has brought a High Court challenge against his ongoing suspension from his job, over allegations that he had an inappropriate relationship with a woman who for a time was his partner.

Garda Harrison says he was suspended from his job in 2021 and is the subject of an internal Garda disciplinary probe regarding his relationship with the woman, which he says was consensual.

Mr Harrison, who strongly denies any wrongdoing, is no longer in a relationship with the woman.

It is claimed that in 2019 the woman is alleged to have reported to gardaí that she was the victim of a crime. Mr Harrison is alleged to have subsequently entered into a relationship with her

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By doing this with a vulnerable victim of a crime, he has been accused of breaching Garda discipline because his alleged conduct was discreditable and contrary to his professional duty of care.

It is also alleged that Mr Harrison took money from the woman by way of a loan.

He claims that he entered into “a fully consensual” relationship with the woman, that the two have a child together, and that the woman has made it clear to gardaí that she did not want a criminal prosecution initiated against him.

He was suspended from duty in March 2021.

Over the last three years his suspension has been extended by his employer on several occasions.

He claims he was initially informed his suspension was based on an alleged criminal matter, which he says he first learned about from media reports in 2021, and for alleged breaches of discipline.

He claims Garda members were the source of that information, and the leak to the press was malicious and unlawful.

He claims that in 2022 the Director of Public Prosecution (DPP) determined that he should not be prosecuted in respect of any criminal matter alleged against him.

No prosecution regarding the alleged leak will be brought either, he claims.

On the ongoing disciplinary matters, he claims an investigating officer and a board of inquiry were established last year.

In his High Court action against the Garda Commissioner, he claims the inquiry is being conducted in a manifestly unfair and procedurally flawed manner.

He also claims he is being disciplined for having a consensual relationship with the woman and that his ongoing suspension amounts to an abuse of process.

His lawyers raised issues about how evidence has been presented to the board and over the disclosure of material relevant to the probe to him and his advisers.

He claims his suspension is manifestly unfair and that he has not been provided with any meaningful explanation as to why he has been suspended.

There has been undue delay in advancing the process, and he claims there is a bias against him.

Mr Harrison, who is stationed at Milford Garda station has brought judicial review proceedings before the High Court where he seeks orders lifting and quashing his suspension

Represented in the action by Mark Harty SC, Mr Harrison also seeks orders quashing the Garda Commissioner’s decision to appoint an officer to investigate the alleged breaches of discipline and prohibiting the board of inquiry from proceeding any further.

Alternatively, he seeks a stay on the disciplinary process until he has been furnished with all relevant material taken in connection with the alleged breach of discipline.

At the High Court on Monday, Ms Justice Niamh Hyland granted the garda permission, on an ex parte basis, to bring his legal challenge against his ongoing suspension.

The matter will return before the Court next month.

Mr Harrison was one of several members to have appeared before the Disclosures Tribunal, which has investigated claims by Garda whistleblowers.

In 2017 and 2018, the tribunal chairman and current Supreme Court judge Mr Justice Peter Charleton rejected allegations by him and his then-partner.

The allegations included that a woman, who is not the woman at the centre of the current legal action, was compelled by gardaí to make a statement against Mr Harrison that led to a Tusla referral and that Mr Harrison was the victim of a five-year intimidation campaign after arresting a fellow officer for drink driving in 2009.

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