A FORMER garda has secured the permission of the High Court to bring a legal challenge against the decision to dismiss him.
Yesterday the court heard that Kevin Galvin (36) was a member of An Garda Síochána for 13 years until June 16th last when the Cabinet made the decision to dismiss him under the 2005 Garda Síochána Act, following an internal Garda investigation. However, Mr Galvin, a married man and father-of-two of Furry Park Road, Clontarf, Dublin, claims the decision to summarily dismiss him is unfair and unlawful.
Mr Galvin, who is seeking to be reinstated, also claims the decision to sack him is a breach of his right to fair procedures, his constitutional rights and his rights under the European Convention on Human Rights.
Earlier this year separate High Court proceedings brought against Mr Galvin by Dublin City Council over fire safety standards at three properties he owned were resolved.
The council secured an injunction, under the Fire Safety Act, requiring Mr Galvin to ensure all residents had to vacate 116 Cabra Park, 73 Cabra Park and a unit to the rear of 41 Phibsboro Road. However, those orders were discharged after fire safety certificates had been obtained for one premises.
Yesterday the court heard that Mr Galvin, who had had worked in information technology at Garda Headquarters, Phoenix Park, Dublin, was sacked arising out of approximately a dozen complaints going back over several years against him.
Those complaints included that he was the subject of a number of District Court prosecutions brought by Dublin City Council for breaches of fire safety, planning and littering regulations over three properties he owns and for not answering phone calls and falling asleep on the job.
In his proceedings against the Garda Commissioner, the Minister for Justice and Law Reform, the Attorney General and the Government of Ireland, Mr Galvin is seeking orders from the court quashing the decision to fire him. He is also seeking an order that he be reinstated and a declaration from the court that the decision to dismiss him is null and void.
Leave to bring judicial review proceedings was granted yesterday by Mr Justice Michael Hanna following an ex parte application on Mr Galvin’s behalf. The judge made the matter returnable before the High Court in October when the new legal term starts.
Séamus Ó Tuathail for Mr Galvin said that in January a senior garda wrote to his client informing him he should be dismissed because Mr Galvin’s continued membership of the force would “undermine public confidence” in the Garda.
Counsel said his client did not have the opportunity to make representations before the decision to fire him was taken.