A trainee garda who was told his services were no longer required three days before he was to graduate in Templemore has taken a High Court challenge. The Garda Commissioner's decision to dismiss Mr Declan Healy was allegedly based on claims by two men that they were assaulted by Mr Healy (27), of Ormond Cottage, Palmerstown Close, Rathmines, Dublin. Mr Healy says the decision to dismiss him was irrational and groundless. According to an affidavit by Mr P.J. Dorrian, solicitor for Mr Healy, the first complaint against his client related to the arrest of a man for a public order offence at O'Devaney Gardens, Dublin on July 20th, 1997. It was alleged Mr Healy assaulted the man with a baton. The second complaint alleged that Mr Healy assaulted a remand prisoner during a search in the Bridewell Garda station on February 17th, 1998 where Probationer Garda Healy was then stationed.
Mr John Whelan, for Mr Healy, said that in the case of the first alleged assault, the DPP had directed that no prosecution be taken against his client and that the complaint be dealt with through the Garda Complaints Board. The allegation was dismissed on February 19th, 1999, when the complainant failed to appear.
Mr Whelan said the DPP had directed that a prosecution be taken against Mr Healy with regard to the second incident but the case was not heard until October 28th, 1998, after his client's discharge in September. At the hearing, his client was acquitted. The judge had remarked the complainant had "got the wrong man", Mr Whelan said.
In effect, Mr Healy had been indicted, tried, convicted and discharged by the Garda authorities, counsel argued. He had not been given reasonable opportunity to put his side of the case or meet the allegations against him.