Ex-garda gets go-ahead from court to fight his dismissal
Published 17/09/2010 | 05:00
A FORMER garda has got High Court permission to bring a legal challenge against a decision to dismiss him from the force.
Yesterday the court heard that Kevin Galvin (36) was a member of An Garda Siochana for 13 years until June 16 when the Cabinet made the decision to dismiss him under the 2005 Garda Siochana Act, following an internal investigation.
However, Mr Galvin, a married father of two, from Furry Park Road, Clontarf, Co Dublin, claims the decision to summarily dismiss him from his job is unfair and unlawful.
Mr Galvin, who is also seeking to be reinstated to the force, claims the decision to sack him is a breach of his right to fair procedures, his Constitutional rights and the European Convention of Human Rights.
The court heard that Mr Galvin, who had worked in information technology at Garda Headquarters, Phoenix Park, was sacked due to about a dozen complaints against him going back over several years.
He was the subject of a number of District Court prosecutions brought by Dublin City Council for breaches of fire safety, planning and littering regulations regarding three properties he owns, for not answering phone calls and for falling asleep on the job.
In his proceedings against the Garda Commissioner, the Minister for Justice and Law Reform, the Attorney General and the Government, Mr Galvin is seeking orders from the court quashing the decision to fire him.
He is also seeking a court declaration that the decision to dismiss him is null and void.
Leave to bring judicial review proceedings was granted yesterday by Mr Justice Michael Hanna. The judge made the matter returnable before the High Court in October.