A FORMER garda has brought a High Court challenge aimed at overturning his Government- sanctioned dismissal from the force on grounds his continued Garda membership would “undermine public confidence” in the force.
Kevin Galvin (37) was dismissed from the Garda after an investigation into 19 complaints against him, including complaints he was the subject of District Court prosecutions for breaches of fire safety, planning and littering regulations related to three properties owned by him.
Mr Galvin was a member of the Garda for 13 years until June 16th, 2010, when, after an internal Garda investigation, the Government approved a recommendation for his dismissal. It was made under the 2005 Garda Síochána Act, on grounds his continued membership would “undermine public confidence” in the Garda.
Mr Galvin, a father-of-two of Furry Park Road, Killester, Dublin, claims the decision to summarily dismiss him was unfair, unlawful, lacked fair procedures, and breached his rights under the Constitution and European Convention on Human Rights.
In his proceedings against the Garda Commissioner, the Minister for Justice and Law Reform, Ireland, the Attorney General and the Government, Mr Galvin is seeking orders quashing his dismissal and seeking his reinstatement.
The case opened yesterday before Mr Justice John Hedigan who was told that Mr Galvin, who had worked in information technology at Garda Headquarters, Phoenix Park, Dublin, was sacked arising out of 19 complaints against him.
Those complaints included that he was subject to a number of District Court prosecutions brought by Dublin City Council for breaches of fire safety, planning and littering regulations related to three properties he owned.
Mr Galvin was also found to have neglected his duty through being absent from his post, falling asleep on the job and using official Garda postal facilities for personal use.
Séamus Ó Tuathail SC, for Mr Galvin, said a senior garda wrote to his client in January 2010 informing him he was of the opinion he should be dismissed. Mr Galvin replied to that letter in February but was shocked when informed last June he was in fact being dismissed.
Mr Galvin was given no opportunity to make oral submissions or representations before the decision to fire him was taken, counsel said. Such treatment was unfair, he argued.
Some of the Garda disciplinary breaches had been admitted by Mr Galvin and dealt with by way of fines and did not fall within the scope of the 2005 Act, counsel submitted.
The commissioner was not entitled to include details of those in his recommendation to the Government, and the retrospective inclusion of those matters had the effect of doubly punishing him, it was argued.
Several of the complaints were “internal matters” and could not have undermined public confidence as the public would not have been aware of them, it was also submitted.
Mr Ó Tuathail also said certain documents sent to the Government by the Garda as part of the recommendation to dismiss Mr Galvin, including details of complaints from residents about a house owned by Mr Galvin, were not disclosed in advance.
Mr Galvin was given no opportunity to comment on those particular complaints prior to them being sent to the Government, although he was entitled to comment, counsel said.
While Mr Galvin had pleaded guilty to offences in relation to properties owned by him which were the subject of District Court proceedings, he had written to his superiors stating those matters had nothing to do with his role as a garda. In opposing the action, the State denies the decision to dismiss Mr Galvin was unlawful or unfair.
In addition to the complaints on foot of which the decision was made to sack Mr Galvin, he was jailed for a few days after being found in contempt of High Court orders requiring him to carry out certain fire safety works, the State said.
The case continues.