Dooner v. Garda Siochana (Complaints) Board [2000] IEHC 122 (2nd June, 2000)

Dooner v. Garda Siochana (Complaints) Board [2000] IEHC 122 (2nd June, 2000)

The applicant was denied natural and constitutional justice because he was not furnished with the full complaint or all material allegations considered by the decision-makers, which prevented him from making an effective response and submissions. This constituted a serious breach of fair procedures under the Garda Siochana (Complaints) Act, 1986.

Citation
[2000] IEHC 122
Parties
Applicant: Garda Dooner; First Named Respondent: Garda Siochana Complaints Board; Second Named Respondent: Commissioner of An Garda Siochana
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Application granted
Legal Topics
Natural Justice, Fair Procedures, Audi Alteram Partem, Judicial Review, Disciplinary Proceedings
Administrative Law Employment Law Constitutional Law Natural Justice Fair Procedures Audi Alteram Partem Judicial Review Disciplinary Proceedings

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Parties

Garda Dooner

Applicant

Garda Siochana Complaints Board

First Named Respondent

Commissioner of An Garda Siochana

Second Named Respondent

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the applicant was denied natural and constitutional justice in the disciplinary process under the Garda Siochana (Complaints) Act, 1986
  2. 2 Whether failure to provide the full complaint to the applicant breached fair procedures
  3. 3 Whether amendments to the grounds of judicial review should be allowed

Ratio Decidendi

The applicant was denied natural and constitutional justice because he was not furnished with the full complaint or all material allegations considered by the decision-makers, which prevented him from making an effective response and submissions. This constituted a serious breach of fair procedures under the Garda Siochana (Complaints) Act, 1986.

Court Disposition

Application granted

Orders

  • Order of Certiorari quashing the decision of the First Named Respondent (Garda Siochana Complaints Board) of 8 March 1999 referring the matter for informal resolution.
  • Order of Certiorari quashing the decision of the Second Named Respondent (Commissioner) of 27 May 1999 to deal with the complaint by way of advice under Section 7(4) of the Garda Siochana (Complaints) Act, 1986.