A garda who has been suspended from his job for almost four years has brought fresh High Court proceedings aimed at preventing the Garda Commissioner from continuing internal disciplinary proceedings against him.
Garda Adrian Ivers, who was for many years stationed in Cootehill, Co Cavan, says he was suspended in February 2020 over an allegation that he took a bluetooth speaker from a car that had been confiscated by the Garda a short time earlier.
He denies any wrongdoing.
He claims that he took the speaker and a charging wire from the car over concerns it might be stolen as the vehicle could not be locked after it was seized.
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Garda Ivers, who was working alone in the station where the car was left for a period before it was towed to another location, claims he forgot to return the speaker to the station due to the pressure of his work. He says he left it in the glovebox of his own car.
Two days later, Garda Ivers, who has an unblemished record of more than 19 years service with An Garda Síochána, spoke to a colleague about the item and explained what he did with it, intending to return the speaker to its owner.
However, hours later he was told by his superior that he was being investigated for the theft of the speaker.
He strongly denies the alleged theft.
A few days later he was suspended from duty. The matter was investigated.
While the Director of Public Prosecutions (DPP) held that Garda Ivers should not be prosecuted over the incident, the Commissioner summarily dismissed him from the force on foot of a report by the Garda Síochána Ombudsman Commission (Gsoc).
Garda Ivers claimed the decision was unlawful and he successfully challenged in court the Commissioner’s decision to dismiss him.
In his latest action, Garda Ivers alleges that following a decision by the Commissioner last May, a board of inquiry was established to see if he breached Garda discipline in 2020. That board, however, was unable to proceed due to the absence of supporting documentation.
In October, the Garda Commissioner purported to appoint another board of inquiry.
Garda Ivers claims the decision to constitute a new board is in breach of constitutional and natural justice, is arbitrary, unlawful, breaches his rights to fair procedures and is oppressive.
Mark Harty SC, for Garda Ivers, said the case is complex and of some antiquity.
In judicial review proceedings against the Garda Commissioner, Garda Ivers seeks orders quashing the purported decision of last October 3rd to appoint a board of inquiry to hear a complaint against him. The garda also seeks an order quashing his suspension and another restraining any further disciplinary proceedings regarding the speaker.
The matter came before Ms Justice Niamh Hyland, who on an ex parte basis (only the plaintiff was represented), granted Garda Ivers permission to bring his challenge.
The matter will return to court in February.
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