Wednesday 26 April 2017

Gardaí who allegedly attempted to gain access to brothel fail to halt internal inquiry

The Four Courts, Dublin
The Four Courts, Dublin

Aodhan O'Faolain

THE High Court has dismissed a bid by two gardai to halt an internal disciplinary investigation over allegedly attempting to gain access to an apartment to seek the services of a prostitute.

The actions were brought by Gardai David Naughton and Wesley Kenny who both deny the claims.

They sought to prevent the inquiry from continuing on grounds including that it was unfair and oppressive.

Mr Justice Michael White ruled against them, clearing the way from the inquiry to proceed.

They were previously acquitted of charges of assault by Limerick District Court arising from the same incident which occurred in the city on December 5, 2013, when they had been attending a Christmas party with work colleagues.

The two became involved in a fracas with two males. The dispute was broken up by other gardai.

During the course of the criminal investigation, the two males alleged the two gardai had assaulted them and had attempted to force entry to an apartment allegedly looking for prostitutes.

The two officers were charged with assault.

They were acquitted by the District Court following a three day trial.

An internal Garda board of inquiry was established in May 2015 to establish if there had been a breach of discipline under the 2007 Garda Discipline Regulations.

It was convened in September 2015 and heard submissions.

The two gardai are accused of discreditable conduct for allegedly attempting to gain access to an apartment building at Upper Cecil Street Limerick seeking the services of a prostitute.

In judicial review proceedings against the Garda Commissioner, the two gardai sought an order restraining the  board of inquiry from continuing with its investigation.

Among the grounds advanced by them  were  the disciplinary board had failed to call evidence regarding the criminal case before the District Court, which amounted to a failure to inquiry into all relevant facts.

The commissioner opposed the proceedings and argued that the inquiry should be allowed progress.

Mr Justice White said he would give his full judgment on the matter later.

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