- Fri Dec 11, 2009 11:09 am
#8315
So it is not just in this country where the police force fails !!
The Supreme Court has upheld a High Court decision rejecting an attempt by a garda to stop a disciplinary inquiry after criminal charges against him for allegedly accessing child pornography were dropped.
Garda Darach Kennedy from Dunshaughlin Garda station was appealing a decision of the High Court that ruled he had failed to move promptly to launch a High Court challenge to the re-activation of a disciplinary inquiry.
A prosecution was initiated against him 2004 in which it was alleged that he had accessed gay websites including images of naked boys on a computer at Garda Headquarters.
A disciplinary investigation began in 2003 but was suspended while the criminal investigation proceeded.
After the charges were withdrawn in February 2005 he was informed that the disciplinary inquiry would be re-activated.
He then launched a High Court challenge to stop the inquiry but lost his case.
In that case Mr Justice John McaMenamin found that the garda had failed to move promptly in his application for a judicial review.
The judge also noted that he had not denied making admissions in Garda interviews that his searches were responsible for certain images on the computer.
He appealed to the Supreme Court which this afternoon rejected his appeal.
The court ruled that Garda Kennedy had not acted promptly after two key dates in 2004 and 2005.
The court noted that on 15 May 2005 he was told the internal inquiry would be re-activated but did not launch his High Court challenge to that until 20 September that year.
http://www.rte.ie/news/2009/1211/kennedyd.html
The Supreme Court has upheld a High Court decision rejecting an attempt by a garda to stop a disciplinary inquiry after criminal charges against him for allegedly accessing child pornography were dropped.
Garda Darach Kennedy from Dunshaughlin Garda station was appealing a decision of the High Court that ruled he had failed to move promptly to launch a High Court challenge to the re-activation of a disciplinary inquiry.
A prosecution was initiated against him 2004 in which it was alleged that he had accessed gay websites including images of naked boys on a computer at Garda Headquarters.
A disciplinary investigation began in 2003 but was suspended while the criminal investigation proceeded.
After the charges were withdrawn in February 2005 he was informed that the disciplinary inquiry would be re-activated.
He then launched a High Court challenge to stop the inquiry but lost his case.
In that case Mr Justice John McaMenamin found that the garda had failed to move promptly in his application for a judicial review.
The judge also noted that he had not denied making admissions in Garda interviews that his searches were responsible for certain images on the computer.
He appealed to the Supreme Court which this afternoon rejected his appeal.
The court ruled that Garda Kennedy had not acted promptly after two key dates in 2004 and 2005.
The court noted that on 15 May 2005 he was told the internal inquiry would be re-activated but did not launch his High Court challenge to that until 20 September that year.
http://www.rte.ie/news/2009/1211/kennedyd.html
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