YESTERDAY'S High Court decision restraining the Garda Commissioner, Mr Patrick Culligan, from repatriating Garda Michael Fitzpatrick from Cyprus over a remark he made to the Minister for Defence three weeks ago was heard ex-parte (in the absence of the other side).
The Minister, Mr Barrett, and Mr Culligan and his staff had no input to the evidence laid before the court by Mr Pat O'Connell, counsel for Garda Fitzpatrick.
It was a historic occasion, the first time the High Court had sat on a Good Friday. The court's decision means that Mr Culligan will not be able to repatriate Garda Fitzpatrick until the matter has been fully determined by the High Court.
The hearing brought court staff and gardai into a hushed courtroom to hear the applicant's side of the story, extracts of which are given below
"The Minister took offence and annoyance at some of the remarks passed during a conversation with Garda Fitzpatrick. The remark, in particular, at which the Minister took offence was something to the effect that Fianna Fail would sort out things when they got back to power". Mr Pat O'Connell BL
"I foolishly took it upon myself to ask Minister Barrett if he could do anything to have them [allowances] increased. I replied jokingly Ah well, if Fianna Fail were in power they would change them. Minister Barrett became very angry and told me I had insulted him. I later apologised. There was a free bar. Alcohol was a contributory factor. Garda Fitzpatrick in his statement to his superiors
"The Minister became very irate and said Garda Fitzpatrick was a disgrace. Both Garda Fitzpatrick and the Minister had a lot of alcohol consumed and both were drunk. The Minister was shaking and seemed very upset. He said Garda Fitzpatrick would go no further." Garda John Scan Ion, a witness of the incident, in his statement to his superiors
"Garda Fitzpatrick remarked in jest to the Minister that if Fianna Fail were in power they would probably be able to increase the home allowances. After this comment the Minister became more irate and used some strongly worded comments towards Garda Fitzpatrick." Garda Padraig O'Reilly, a witness of the incident, in a statement to his superiors Mr Barrett was very angry at this stage. I apologised to him for the offending remark made by Garda Fitzpatrick, but as he was so angry I do not believe he heard my apology. I then stated I would fully investigate the matter."
Garda Inspector W.(Liam) Conlon, in a statement to his superiors
"I believe the provisions of the Garda Siochana (Discipline) Regulations, 1989, have been completely ignored by the Commissioner of An Garda Siochana in that none of the procedures laid down have been followed." Mr Thomas Murphy, of Hughes Murphy and Co, solicitors for Garda Fitzpatrick
"It is accepted that the repatriation of Garda Fitzpatrick will cause inconvenience to himself, his wife and family. However, these are matters outside our control and are directly attributable and consequential to his own behaviour which led to the decision on his repatriation. Please inform him his appeal is rejected." Assistant Commissioner Hugh Schreenan in letter to Chief Supt Culhane "I am satisfied that a strong prima facie case has been made out that a sanction is being imposed on Garda Fitzpatrick which is disproportionate to a constitutionally unfair degree. I am prepared to give you leave to seek judicial review by way of certiorari quashing the decision of the Garda Commissioner made on the 27th of March regarding his transfer or repatriation from the UN Civil Police Force in Cyprus to Carrickmacross Garda station." Mr Justice Paul Carney