TWO gardai facing a disciplinary inquiry relating to alleged consumption of cocaine in Liverpool have been granted a stay on the proceedings by the High Court.
Gardai Richard Galvin and Gerard Newman, from Togher Garda station in Cork City, were also granted leave to challenge the continuance of the board of inquiry established under the Garda Regulations to determine whether they have committed a serious breach of discipline. The case will come before the court again in May.
They are accused of conducting themselves in a manner which they ought to have known would be prejudicial to discipline in that they allegedly consumed cocaine in Liverpool between November 26 and 27, 2010.
Garda Newman also faces further drug allegations.
The gardai claim that the disciplinary proceedings began on January 13, 2011, with the appointment by the Garda Commissioner of investigating officers.
It is claimed that both investigating officers had been previously and centrally involved in an earlier aspect of the case. The gardai contend that the appointment of the two officers did not comply with regulations and as a result the board of inquiry established by the Commissioner to investigate the allegations cannot lawfully continue with the proceedings.