A retired detective garda who sought damages for non-payment of allowances has had his claim dismissed by the High Court. However, Mr Justice Ó Caoimh yesterday refused an application on behalf of the Garda authorities and State for costs against the man.
Mr Fergus McCarthy had claimed his proceedings related to his being transferred after he became involved in 1991 in an investigation into a high-ranking officer.
Mr McCarthy became a detective in 1975 and retired on health grounds in October 2000. He had taken proceedings for damages against the Minister for Justice, the Garda Commissioner and the State claiming that he had been unlawfully transferred to uniform status on March 15th, 1999.
He claimed he had initially carried out clerical duties but had later carried out work as a detective and was refused certain allowances to which, he claimed, he was entitled. He alleged his purported demotion was in breach of a settlement of previous High Court proceedings taken by him against the Garda authorities over moves in 1992 to transfer him.
He told the court he was seconded in 1991 to an investigation into alleged bribery and corruption in the Aliens Office, but he was given a completely different job related to a high-ranking officer.
Within 24 hours, he was taken off it by a chief superintendent and told the investigation was completed, he said. Then he found himself at the "end" of an investigation. He had co-operated 100 per cent with that and in July 1991, was told he had nothing to answer.
He was transferred to Blackrock Garda station in August 1992. Part of that involved his being reallocated to uniform duties. He had no prior knowledge of the transfer and no reasons were given. He unsuccessfully challenged the transfer before the Garda Review Board.
He took legal proceedings in 1992 which were settled in 1996. As part of that settlement, he received a sum of money and a statement was read in court to the effect that he remained in good standing within the Garda and that his transfer did not reflect on his good character.
Between 1996 and 1998, he was engaged in clerical duties but never wore a uniform, except once in 1997. From January 1998 to March 1999, he performed the duties of a detective in the detective office in Blackrock. However, when he claimed for plainclothes allowance in March 1999, there was an unlawful attempt to demote him to uniform status, he claimed.
The defendants denied Mr McCarthy was employed as a detective garda while at Blackrock and said he was at all times attached to the uniform section. Mr Justice Ó Caoimh yesterday ruled the defendants had no liability for damages and dismissed Mr McCarthy's claim.