Hi °C | Lo °C A CLERICAL worker at Garda HQ who admitted possessing child pornography is challenging his dismissal.
The High Court action is being taken by Anthony Purdy, who admitted before Dublin District Court in 2010 to a single charge of possession child pornography after video images were found on an external computer hard drive in a bedside locker at his home on April 13, 2009.
In 2011, the charge against Mr Purdy, based at Garda HQ in the Phoenix Park, was struck out after he paid €2,500 to charity.
Arising out of that matter, internal disciplinary proceedings were taken against Mr Purdy.
Last October the Garda Commissioner took the decision that Mr Purdy's conduct was "untenable" and that he should be dismissed from his job.
He has brought a High Court action aimed at quashing the Commissioner's decision which he claims is irrational after an Independent Appeals board deemed the sanction of dismissal as being too severe. Mr Purdy also claims the decision to fire him is irrational and in breach of his rights.
The Garda Commissioner, represented by Oisin Quinn SC, opposes Mr Purdy's action.
In a statement of opposition, the Commissioner says that Mr Purdy's conduct merited his dismissal.
Feichin McDonagh SC for Mr Purdy, said that internal disciplinary proceedings against his client by his employer were initiated after the criminal proceedings had concluded.
In January 2012, the Commissioner decided that Mr Purdy's behaviour amounted to serious misconduct and he should be dismissed.
That decision was appealed by Mr Purdy to the independent Civil Service Disciplinary Appeal's Board, counsel said.
Last July, it found that the decision to dismiss Mr Purdy was too severe and recommended that instead he not receive any civil service increments for five years, be barred from any competition for promotion for five years and that he be transferred out of Garda HQ to another section of the civil service.
While the board's decision is non-binding, it could only be deviated from in exceptional circumstances, counsel added. After the board's ruling, the matter was remitted back to the Garda Commissioner.
In October 2012, the Commissioner decided that Mr Purdy's position was untenable and that his dismissal was warranted.
Counsel submitted that in his decision of October 2011 the Garda Commissioner did not give any reasons why this case was exceptional to the point that the Appeal Board's finding should not have been adopted.
Counsel submitted that the October decision was irrational, and amounted to a breach of his client's rights. The court also heard that Purdy had been undergoing counselling prior to the discovery of the child pornography.
The case continues.
