A challenge by a garda to her dismissal from the force three years ago was rejected by the High Court yesterday.
Garda Anne-Marie Lohan, Esmond Terrace, Bray, who was dismissed with effect from February 14th, 1995, had brought proceedings against the Garda Commissioner challenging her dismissal following an internal inquiry.
Refusing her application, Mr Justice McCracken said that in 1994 Garda Lohan faced a number of disciplinary charges under Garda regulations. These primarily concerned very serious allegations she had made against other gardai. The charges were heard at a sworn inquiry under disciplinary regulations. There was no challenge to the procedures leading to the inquiry or to the composition of the inquiry board.
Mr Justice McCracken said the inquiry began on October 25th, 1994. It sat spasmodically for the next four weeks, although it heard very little evidence and was adjourned from time to time either at Garda Lohan's request or because of her absence.
On November 24th, 1994, the board sat but Garda Lohan was again absent. The board proceeded with the inquiry in her absence. The board sat again on November 25th and again she was absent.
The board found her guilty on a number of counts and recommended to the Commissioner that disciplinary action be taken against her. As a result, she was dismissed. Mr Justice McCracken was satisfied the tribunal acted in accordance with regulations. He was also satisfied that in conducting the inquiry the board acted reasonably and in accordance with the principles of natural and constitutional justice.
In particular, in light of the events which occurred, the board was perfectly entitled to inquire in Garda Lohan's absence.