Busher v Commissioner of An Garda Siochana & Ors (Approved) [2025] IEHC 173 (26 March 2025)

Busher v Commissioner of An Garda Siochana & Ors (Approved) [2025] IEHC 173 (26 March 2025)

The disciplinary process is irredeemably tainted by the disclosure of a prejudicial letter from the investigating officer to the Board of Inquiry, breaching fair procedures; further proceedings would perpetuate this breach, warranting prohibition of the disciplinary process.

Citation
[2025] IEHC 173
Parties
Applicant: Caoimhe Busher; First Respondent: Commissioner of An Garda Síochána; Second Respondent: Minister for Justice; Third Respondent: Ireland; Fourth Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
26 March 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted in part
Legal Topics
Probationary Period Extension, Fair Procedures, Exceptional Circumstances, Delay in Disciplinary Process, Disclosure of Prejudicial Material
Administrative Law Employment Law Disciplinary Proceedings Probationary Period Extension Fair Procedures Exceptional Circumstances Delay in Disciplinary Process Disclosure of Prejudicial Material

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Caoimhe Busher

Applicant

Commissioner of An Garda Síochána

First Respondent

Minister for Justice

Second Respondent

Ireland

Third Respondent

Attorney General

Fourth Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Lawfulness of repeated extensions of probationary period
  2. 2 Compliance with fair procedures in disciplinary process
  3. 3 Definition and sufficiency of 'exceptional circumstances' for probation extension

Ratio Decidendi

The disciplinary process is irredeemably tainted by the disclosure of a prejudicial letter from the investigating officer to the Board of Inquiry, breaching fair procedures; further proceedings would perpetuate this breach, warranting prohibition of the disciplinary process.

Court Disposition

Application granted in part

Orders

  • Order of prohibition granted restraining further disciplinary proceedings against Applicant
  • Matter listed for submissions on form of final order and legal costs