Donegal-based Garda Keith Harrison has brought a High Court challenge against his ongoing suspension from his job, over allegations that he had an inappropriate relationship with a woman who for a time had been his partner.
Garda Harrison says he was suspended from his job in 2021 and is currently the subject of an internal Garda disciplinary probe regarding his relationship with the woman, which he says was consensual.
Garda Harrison, who strongly denies any wrongdoing. is no longer in a relationship with the woman. It is claimed that in 2019 the woman is alleged to have reported to the Garda that she was the victim of a crime. Garda Harrison is alleged to have subsequently entered into a relationship with her.
By doing this with a vulnerable victim of a crime, he has been accused of breaching Garda Discipline on the grounds that his alleged conduct was discreditable and contrary to his professional duty of care. It is also alleged that Garda Harrison took monies, by way of a loan from the woman.
He claims that he entered into "a fully consensual" relationship with the woman, that the two have a child together, and that the woman has made it clear to the Gardai that she did not want a criminal prosecution against him initiated. Despite his denials he was suspended from duty in March 2021.
Over the last three years his suspension has been extended by his employer on several occasions. He also claims he was initially informed was that his suspension was based on an alleged criminal matter, which he says he first learned about from media reports in 2021, and for alleged breaches of discipline.
He claims that members of An Garda Siochana were the source of that information and that the leak to the press was malicious and unlawful.
He claims that in 2022 the DPP determined that he not be prosecuted in respect of any criminal matter alleged against him.
No prosecution in relation to the alleged leak to the media will be brought either, he claims.
In relation tot he ongoing disciplinary matters, he claims that an investigating officer and a board of inquiry was established last year. In his High Court action against the Garda Commissioner he claims the inquiry is being conducted in a manifestly unfair and procedurally flawed manner.
He also claims he is being disciplined for having a consensual relationship with the woman, and that his ongoing suspension amounts to an abuse of process.
His lawyers had raised issues about how evidence has been presented to the board, and over the disclosure of material relevant to the probe to him and his advisors.
He claims his suspension is manifestly unfair, and that he has not been provided with any meaningful explanation as to why he has been suspended. There has been undue delay in advancing the process, and he claims there is a bias against him. As a result Garda Harrison, who is stationed at Milford Garda Station has brought judicial review proceedings before the High Court where he seeks orders lifting his suspension.
Garda Harrison, who is represented in the action by Mark Harty SC, also seeks various orders and declarations including orders quashing his suspension.
He also seeks orders quashing the Commissioners decision to appoint an officer to investigate the alleged breaches of discipline, and the board of inquiry be prohibited from proceeding any further. He further seeks declarations including that the decision to continue the investigation and disciplinary probe is unfair, malicious and unlawful.
In the alternative, he seeks a stay on the disciplinary process until he has been furnished with all relevant statements, documents and material taken in connection with the alleged breach of discipline. At the High Court on Monday, Ms Justice Niamh Hyland granted the Garda permission, on an ex-parte basis, to bring his legal challenge against his on-going suspension. The matter will return before the Court next month.
Garda Harrison was one of several members to have appeared before the Disclosures Tribunal, which has investigated claims by Garda whistleblowers.
In 2017 and 2018, the tribunal chairman and current Supreme Court judge Mr Justice Peter Charleton rejected allegations by him and his then-partner.
The allegations included that a woman, who is not the woman at the centre of the current, legal action was compelled by gardaí to make a statement against Garda Harrison which led to a Tusla referral and that Garda Harrison was the victim of a five-year intimidation campaign after arresting a fellow officer for drink-driving in 2009.
A subsequent application by Garda Harrison for his legal representation costs was also rejected by the tribunal.
