Permitting a second inquiry into claims would be contrary to ‘res judicata’ principles, judge holds
In May 2020 the Garda Commissioner issued the garda with a notice of termination purporting to dismiss him. Photograph: Frank Miller
Garda Adrian Ivers, who was stationed for many years in Cootehill, Co Cavan before being suspended in February 2020, is entitled to a court order quashing the commissioner’s decision to appoint a second board of inquiry, the judge said. The allegation against him was that the removal was improper and that he had intended to retain the items for his own use.Mr Justice Simons said the incident had been referred to the Director of Public Prosecutions who directed that no charges should be brought.
A board of inquiry was established in March 2023 but was unable to proceed due to a lack of supporting documentation. It emerged that the board only had the Gsoc investigation report before it and did not have the original statements and materials underlying that report, said the judge.
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