A member of the Garda Representative Association (GRA) told the High Court yesterday he was astonished when, after a 40-minute plea to a review body urging that a member be allowed remain in the Anti-Racketeering Unit (ARU), he was told the unit no longer existed.
Garda Fergus McCarthy was giving evidence on behalf of Garda Patrick Allen (46), stationed in Cork city, who is claiming damages against the State in relation to his conditions of employment and in relation to an allegation that he was defamed by the former head of the ARU, Det Supt P.J. Browne. The defendants deny the claims.
Garda Allen, Supt (then Insp) Browne and three detectives comprised the ARU, which was set up in 1991 to combat racketeering by subversive organisations.
The court had been told serious allegations were made against Insp Browne and Garda Allen. Following an inquiry steps were taken to remove all members of the ARU. Garda Allen claimed he was demoted to uniform duties in Bray, Co Wicklow, and the others went back to their former units.
Yesterday, Garda McCarthy said he accompanied Garda Allen to an appeal before a review body against the Commissioner's decision on December 10th, 1993, transferring Garda Allen. The panel consisted of Deputy Commissioner P.J. Moran (representing the Commissioner) and Garda P.J. Kelly, representing the GRA. It was chaired by a Mr O'Toole of the Department of Justice. All of the panel had documents concerning the transfer.
He and Garda Allen had nothing other than the transfer order, Garda McCarthy said. He asked that Garda Allen be allowed remain in the ARU. The hearing lasted 40 minutes. Then, to his astonishment, Mr Moran had said: "Are you not aware the ARU is finished? It is gone." Earlier, Mr Justice Butler questioned Garda Allen about his allegation that Supt Browne had inferred larceny of a video recorder by him. The judge said Garda Allen seemed to think the superintendent's statement inferred theft, as opposed to borrowing the recorder for Christmas. Garda Allen agreed.
The judge said relations between Garda Allen and Supt Browne had clearly been desperate. He asked if Garda Allen's case was that his demotion or change of posting was due to the allegation being made against him. Garda Allen said that was correct.
Mr Justice Butler said that, whether or not the authorities had the right to move him, did Garda Allen not accept that in view of the very bad press reports and desperate relations between himself and Supt Browne, it would be in the best interests to get rid of this unit and start over again. Garda Allen said he thought it would have been a very wrong thing to do.
Former Det Sgt Michael Drew of the ARU said Supt Browne had said during the video recorder incident: "Paddy, put back the video recorder you took at Christmas". Garda Allen had said: "Hold on now, inspector; you better caution me before you say another word." Mr Drew said he did not believe Garda Allen had taken a recorder.
The hearing continues on Tuesday.