Sheehan v The Garda Siochana Complaints Tribunal & Anor [2005] IEHC 373 (11 November 2005)

Sheehan v The Garda Siochana Complaints Tribunal & Anor [2005] IEHC 373 (11 November 2005)

The Court found that the applicant failed to proceed promptly with judicial review and that the delay was neither prompt nor excusable. Even if the application had been timely, the Court held that the Tribunal and Board did not act ultra vires or in breach of natural justice; the delays were either attributable to the applicant or adequately explained, and the Tribunal's procedures were not shown to be unfair or unlawful.

Citation
[2005] IEHC 373
Parties
Applicant: Ciaran Sheehan; First Named Respondent: Garda Síochána Complaints Tribunal; Second Named Respondent: Garda Síochána Complaints Board
Jurisdiction
Ireland
Judgment Date
11 November 2005
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review, Delay in Disciplinary Proceedings, Natural Justice, Ultra Vires, Procedural Fairness
Administrative Law Disciplinary Law Police Law Judicial Review Delay in Disciplinary Proceedings Natural Justice Ultra Vires Procedural Fairness

Case Brief

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Parties

Ciaran Sheehan

Applicant

Garda Síochána Complaints Tribunal

First Named Respondent

Garda Síochána Complaints Board

Second Named Respondent

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Tribunal and/or Board acted ultra vires and in breach of natural and constitutional justice by delaying the disciplinary hearing
  2. 2 Whether the delay in the Tribunal hearing was unlawful and prejudicial to the applicant
  3. 3 Whether the Tribunal failed to comply with mandatory statutory procedures

Ratio Decidendi

The Court found that the applicant failed to proceed promptly with judicial review and that the delay was neither prompt nor excusable. Even if the application had been timely, the Court held that the Tribunal and Board did not act ultra vires or in breach of natural justice; the delays were either attributable to the applicant or adequately explained, and the Tribunal's procedures were not shown to be unfair or unlawful.

Court Disposition

Application dismissed

Orders

  • Relief refused as against the first named respondent (Garda Síochána Complaints Tribunal)
  • No order as to the second named respondent (Garda Síochána Complaints Board)