The removal by the Garda Commissioner of all five members of the Garda Anti-Racketeering Unit (ARU) six years ago was mentioned in the High Court yesterday when one of them sued the Commissioner, the State and a Garda inspector for damages. The five remain in the Garda.
Garda Patrick Allen, aged 46 and now stationed in Cork City, has claimed damages for alleged breach of duty, malicious falsehood, libel, slander and breach of his constitutional rights in relation to his conditions of employment.
The Garda Commissioner, the State and a former superior officer in the anti-racketeering unit, Insp P.J. Browne, deny the allegations.
Mr Jack Fitzgerald SC, for Garda Allen, said the unit had been set up in 1991 to prevent money-laundering and rackets run by subversive organisations. Garda Allen was the only permanent member of the force of five officers - the other members were all seconded.
Counsel said extremely serious accusations were made against Insp Browne and Garda Allen.
An inquiry was carried out, apparently by the Garda Commissioner and without the knowledge of Garda Allen, counsel said, and steps were taken to remove all members of the unit.
The result was a demotion of Garda Allen to uniform duties, depriving him of status, demeaning him in the face of the force and causing him financial loss.
Following appeals, he transferred to the unit in April 1992 where he remained up to 1994.
Insp Browne made an untrue allegation in the presence of the three other members of the special unit that he had taken a video recorder from the unit's stores.
Insp Browne was asked to withdraw the allegation but refused. Garda Allen reported it to a more superior officer and was asked to withdraw the complaint. He refused and was "grounded" by Insp Browne.
Mr Fitzgerald said the then Minister for Justice, in February 1994, had told the Dail that an investigation of the unit had been carried out and all the members of the unit from the rank of inspector down had been transferred. Garda Allen knew nothing of this investigation.
In evidence, Garda Allen said the unit members had travelled throughout the 32 counties in relation to inquiries. The specialised unit exposed rackets, particularly rackets of subversive groups, including the use of "Angel Dust" and pirate videos which had raised finance for the Provisional IRA.
In March 1993 Insp Browne had come into the ARU headquarters. He appeared "very flustered" and "unsettled" and asked all the ARU members to record all the videos seized and in storage.
"He pointed to me and said: `The one you took at Christmas, bring it back,' " the Garda said. Insp Browne had refused to withdraw the allegation.
Relations between himself and Insp Browne became "far more difficult". There was harassment and bullying on a massive scale from the inspector.
To all intents and purposes, Garda Allen said, he was suspended. He had nothing to do except sit in his office answering a telephone. Towards the end of 1993 he was transferred on uniform duty to Bray.
At the hearing of his appeal before a review body, a Deputy Garda Commissioner said the exact reason for his transfer was that he had done a good job and there was no more anti-racketeering work to be done.
The hearing before Mr Justice Butler continues today.