A probationer garda has claimed in the High Court that he was wrongly dismissed following allegations of being drunk at a disco and of trying to kiss a girl and attempting to pull up her top from the back, exposing her underclothes.
Garda Robert Duffy, attached to Kevin Street station, Dublin, but currently suspended from duty, has denied the allegations and claims there was a lack of fair procedures in the way he was removed from the force.
Ms Mary Finlay SC, for Garda Duffy, said her client's probationary period was due to expire in July 1997.
On the night of April 6th-7th, 1997, there was an alleged incident at Tamangos night club attached to the Sands Hotel, Portmarnock, Co Dublin.
A Garda inspector carried out an investigation and took statements from Garda Duffy and from witnesses present in the Sands Hotel.
None of those statements was given to Garda Duffy, and so far as he was concerned no further steps were taken under the disciplinary rules. A file was sent to the DPP, but no prosecution had been brought against Garda Duffy.
On June 17th, 1997, Garda Duffy received a notice indicating the Garda Commissioner proposed to dispense with his services. In July 1997 Garda Duffy started High Court proceedings to restrain the Commissioner. He had since been suspended from duty. Ms Finlay said someone must have reached a decision without giving Garda Duffy any opportunity of testing the evidence against him or even of dealing with any of the allegations.
That single incident in the hotel was in dispute, counsel said. He was entitled know what his accusers were saying, to test their evidence and to give his side of the story.
From a perusal of the Garda documents there appeared to be concern at a senior level within the force that Garda Duffy had not been questioned, Ms Finlay said.
Counsel added that it appeared that were it not for the incident, Garda Duffy's appointment would have been confirmed. He was described in reports by his superiors as being a quiet and reserved individual, shy and nervous, but making progress and communicating well.
In an affidavit, Garda Duffy said he had three drinks at the hotel and, with two friends, stood beside a table near the dance floor. Two women, who were sisters, approached the table. He said one said she had been standing at the table before the arrival of Garda Duffy and demanded he move or she would get bouncers to remove him.
He said she became abusive and he responded to her insults. Subsequently, he said, she initiated a conversation with him and he started to enjoy her company and put his arm around her. He said she did not attempt to remove his arm.
He had his arm around her for 20 minutes, and suddenly her mood altered and she said she had had enough and left, Garda Duffy said.
Bouncers arrived, and he feared for his safety. He identified himself as a garda and agreed to leave. Gardai from a nearby station arrived.
Mr Colm O hOisin, for the Commissioner, said they were dealing with a Garda probationer. Different criteria applied than would apply to a person beyond the probationary stage.
A probationer's final appointment was suspended until he had proved himself fit to fill the position, counsel said.
The test was whether the Commissioner's opinion of Garda Duffy was held bona-fide, was factually sustainable and was not unreasonable.
Mr O hOisin said the court traditionally respected the rights of decision-making authorities and did not interfere. Clearly constitutional guarantees applied in this case.
The hearing resumes on Tuesday.