A DETECTIVE Garda claimed in the High Court yesterday he was the only qualified accountant in the force five years ago and was demoted unlawfully from the commercial fraud staff to uniform duties.
The action is being taken by Mr Fergal Foley, of Rye River Close, Dun Carrig, Leixlip, Co Kildare. His counsel, Mr Jack Fitzgerald SC, said that Garda Foley believed improper moves were made to stop a prosecution in a particular case he was involved in.
Despite this, he pursued the prosecution. In May, 1992, he gave evidence in the district court when the case was adjourned, having previously been adjourned seven or eight times.
Mr Fitzgerald said the district judge asked Garda Foley why the case was not proceeding. Garda Foley had answered that he believed something irregular had happened in relation to the case. That prosecution subsequently proceeded to trial with an acquittal in October, 1992.
In July, 1992, Garda Foley was moved to the stolen cheques section which he believed was the signal that disciplinary action was coming at him. He was subsequently told he was being transferred to Blanchardstown Garda station which he saw as demotion.
In a face to face meeting with Det Supt Tom Butler he asked why this was happening and got no answer. He was allegedly told by a Det Insp McGee: "It is because you could not keep your mouth shut", and a reference was made to the case which Garda Foley was investigating.
Mr Fitzgerald said Garda Foley appealed the decision to transfer him. It was then changed to Ronanstown Garda station in Co Dublin. As a result, he became distressed and ill.
Subsequently, Det Supt Fachtna Murphy visited him and discussed a possible move to the finance section of Garda Headquarters and told Garda Foley he had not misbehaved or conducted his duties in any wrong way.
The Garda authorities, in their defence, claim that while Garda Foley was undergoing his probationary period, his superiors considered he did not possess the qualifications required to be a good detective and recommended he be transferred out of the Central Detective Unit. He moved to Ronanstown in February, 1993. In December, 1995, he was reappointed to the detective branch.
The Garda authorities deny that no adequate reason was given and denied there was any conspiracy against Garda Foley.
Garda Foley, in evidence, said he forwarded a file to the Director of Public Prosecutions and got instructions to continue a prosecution. He then got further instructions which were very much at variance with the first set of instructions.
The hearing, before Mr Justice Shanley, continues today.