Co Cavan-based Garda bring fresh court challenge against Commissioner's decision to discipline him

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.  

The action has been brought by Garda Adrian Ivers, who for many years has been stationed at Cootehill in Co Cavan. 

In February 2020 the garda was suspended over an allegation that he took a Bluetooth speaker from a car that had been confiscated by the Gardai a short time earlier.  

He denies any wrongdoing. 

He claims that he took the Bluetooth speaker and a charging wire from the car over concerns it might be stolen, because after the vehicle was seized by Gardai it could not be locked.

Garda Ivers, who was working alone in the station, where the car had been left for a period before it was towed to another location, claims that due to the pressure of his work he forgot to put the speaker back in the station. 

He claimed that he left it in the glovebox of his own car. 

Two days later Garda Ivers, who has an unblemished record of over 19 years service with An Garda Siochana, spoke to a colleague about the item, explained what he had done with it, with a view to returning 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 in early February 2020. 

The matter was investigated. 

While the DPP held that Garda Ivers should not be prosecuted over the incident, the Commissioner on foot of a report by GSOC decided to summarily dismiss Garda Ivers from an Garda Siochana. 

The Garda claimed that decision was unlawful and he successfully challenged the commissioner's decision to dismiss him in the courts.   

In his latest action Garda Ivers claims that following a decision by the Commissioner last May, a board of inquiry had been established to see if Garda Ivers had breached garda discipline in 2020. 

That board however was unable to proceed due to the absence of supporting documentation. 

In October the Commissioner purported to appoint another board of inquiry.

However Garda Ivers claims that 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. 

Represented by Mark Harty SC, who said that the case was one of some complexity and antiquity. 

In judicial review proceedings against the Commissioner Garda Ivers seeks orders quashing the Commissioner's purported decision of October 3rd last to appoint a Board of Inquiry to hear a complaint against him (Ivers). 

The Garda also seeks orders quashing his suspension, and seeks one restraining any further disciplinary proceedings regarding the 'Bluetooth' from being brought against him. 

The matter came before Ms Justice Niamh Hyland, who on an ex-parte basis, granted Garda Ivers permission to bring his challenge. 

The matter will return before the High Court in February.