A former member of the Garda Anti-Racketeering Unit yesterday won his High Court action against the State and Garda Commissioner arising from his transfer from the unit to uniform duties.
In a reserved judgment, Mr Justice Butler granted a declaration to Garda Patrick Allen (46), now a uniformed garda in Cork city, that the State and the Commissioner and their servants or agents had acted in breach of his constitutional rights and rights of fair procedures in or about his employment. The defence had denied the claims.
The judge said he did not anticipate that damages, if any, would be great, and he adjourned the hearing of submissions in relation to them and in relation to costs. Mr Justice Butler had heard the case over six days and reserved judgment last week. On the fifth day of the hearing, he dismissed defamation proceedings taken by Garda Allen against his superior in the unit, Det Supt (then Insp) P.J. Browne. Garda Allen was ordered to pay Supt Browne's legal costs.
Counsel for Garda Allen had said the ARU was set up in 1991 to prevent money-laundering and rackets run by subversive organisations. Accusations were made against Insp Browne and against Garda Allen, both of which were extremely serious.
The outcome, as gleaned from a statement made in the Dail by then Minister for Justice, Ms Maire Geoghegan-Quinn, was that an inquiry was carried out, apparently by the Garda Commissioner and without the knowledge of Garda Allen, Mr Jack Fitzgerald SC said . As a result, steps were taken to remove all members of the ARU.
Counsel said a suggestion may have been made that the ARU no longer existed. That was not true. It was "remanned" but the five members who had been removed had nothing more to do with it. The result of that move was a demotion of Garda Allen back to uniformed duties. The court heard that after hospitalisation in 1991, Garda Allen - who had been in the Special Branch - reverted to uniform. Following appeals, he was transferred to the ARU in April 1992 where he remained up to 1994.
In evidence, Garda Allen said that when he refused to accept new rostering arrangements in the ARU, he was transferred into a uniformed position in Bray, Co Wicklow.
Having reviewed the evidence yesterday, Mr Justice Butler said Garda Allen's transfer was not voluntary and he also found that the ARU had not ceased to exist. He would grant a declaration to Garda Allen and would also hear the parties on damages, which hearing should be as soon as possible. The judge indicated to lawyers for Garda Allen that damages would be considered under the headings of breach of his constitutional rights and breach of his contract of employment. The case was adjourned until Tuesday next when the question of damages may be dealt with.