Hegarty v The Commissioner of An Garda Siochana (Unapproved) [2023] IECA 266 (07 November 2023)

Hegarty v The Commissioner of An Garda Siochana (Unapproved) [2023] IECA 266 (07 November 2023)

It is unlawful for the Commissioner to invoke s.14 of the Garda Síochána Act 2005 to seek dismissal for conduct already subject to a concluded disciplinary process under the 2007 Regulations, where an independent Appeal Board has imposed a lesser sanction. Such action breaches principles of constitutional justice and fair procedures by exposing the applicant to double jeopardy.

Citation
[2023] IECA 266
Parties
Applicant/respondent: Raymond Hegarty; Respondent/appellant: The Commissioner of An Garda Síochána
Jurisdiction
Ireland
Judgment Date
07 November 2023
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Disciplinary Procedures, Double Jeopardy, Natural Justice, Ultra Vires, Statutory Interpretation
Administrative Law Employment Law Police Law Constitutional Law Disciplinary Procedures Double Jeopardy Natural Justice Ultra Vires +1 more

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Parties

Raymond Hegarty

Applicant/respondent

The Commissioner of An Garda Síochána

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Commissioner can invoke s.14 of the Garda Síochána Act 2005 to dismiss a member for conduct already sanctioned under the Garda Síochána (Discipline) Regulations 2007
  2. 2 Whether such invocation breaches principles of constitutional justice and fair procedures
  3. 3 Whether the judicial review was premature

Ratio Decidendi

It is unlawful for the Commissioner to invoke s.14 of the Garda Síochána Act 2005 to seek dismissal for conduct already subject to a concluded disciplinary process under the 2007 Regulations, where an independent Appeal Board has imposed a lesser sanction. Such action breaches principles of constitutional justice and fair procedures by exposing the applicant to double jeopardy.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Order of certiorari quashing the Commissioner's invocation of s.14 upheld
  • Commissioner's suspension of applicant declared unlawful