A garda stationed in Arklow has claimed that the vast majority of complaints against him and a colleague were made by a woman found to lack credibility, a person who had easy and ready access to senior garda∅ and who had been arrested in relation to the murder of her partner, the High Court was told yesterday.
Garda Michael Murphy (43) and Garda Vincent Whelan (42), both stationed in Arklow, have taken proceedings against the Garda Commissioner alleging they have been unfairly treated by their superior officers. The case has its roots in allegations of misconduct and breaches of the criminal law which were made in 1992 by Catherine Nevin, now serving a life sentence for the murder of her husband Tom, and by a young girl.
Both garda∅ were suspended while an investigation into the complaints was carried out. A file was sent to the DPP who directed there should be no prosecution of either garda. Their suspensions were lifted in May 1994.
Mr Patrick Keane SC, for the garda∅, said that following the lifting of their suspensions, it was then proposed to transfer both men. They challenged those transfers in court. The essence of those proceedings was that the Garda authorities received a letter from a female complaining about the men's conduct. Mr Keane said it was eventually found and was admitted by the State that the letter was a forgery.
During yesterday's hearing, Garda Murphy, in an affidavit dated January, 1997, said the vast majority of the complaints made against him and Garda Whelan were made by a person who herself had been arrested in relation to the murder of her partner.
Garda Supt Aidan Killoran, on behalf of the Commissioner, in an affidavit, denied the forged letter was the sole reason relied on by the Commissioner to justify the transfer of Garda Murphy.
The other matters which caused the Commissioner concern had been allegations of payments of money to Garda Murphy and an allegation of sexual assault against that garda.
The hearing continues today.