Gardaí's bid to halt inquiry over prostitute is dismissed
The High Court has dismissed a bid by two gardaí 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 gardaí 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. The two became involved in a fracas with two males and the dispute was broken up by other gardaí.
During the course of the criminal investigation, the two males alleged the two gardaí 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.
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.
The two gardaí 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 gardaí sought an order restraining the board of inquiry from continuing.
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 inquire into all relevant facts. The commissioner opposed the proceedings.
Mr Justice White said he would give his full judgment on the matter later.