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Court refuses to quash disciplinary ruling against garda whistleblower

Penalty points whistle blower John Wilson has lost a High Court action challenging a finding that...
Newstalk
Newstalk

10.09 11 Apr 2014


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Court refuses to quash discipl...

Court refuses to quash disciplinary ruling against garda whistleblower

Newstalk
Newstalk

10.09 11 Apr 2014


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Penalty points whistle blower John Wilson has lost a High Court action challenging a finding that he breached garda regulations and neglected his duty. The retired garda was sanctioned following his attendance at a court case in Cavan in January 2012 while off-duty.

The charges in the trial, which related to a long running dispute between neighbours, were dismissed. However the prosecuting officer Inspector Aidan Farrelly reported to his superiors that John Wilson had sat next to the defendants in court.

On January 31st, the then-Garda Wilson received correspondence from a Chief Superintendent asking him to explain his attendance. His reply was 'I will report when I establish what Inspector Farrelly is insinuating about me'.

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Disciplinary proceedings followed in March, and following a 'terse' meeting, Garda Wilson received a warning for failing to respond to an order. He went to court to challenge the garda authorities' findings that he was obliged to account for his off duty behaviour.

Ms. Justice Iseult O'Malley said a member of An Garda Siochana like every other person has a right to privacy. but that it is somewhat more restricted given their role in the community.

She has found that the authorities were entitled to ask Mr. Wilson for an explanation as to why he attended the trial as it was a matter that could impinge 'upon the public perception of the force as a whole'.

She said in a 'hierarchical, discipline-based police' force Mr. Wilson should have at least explained that his private life was at issue -but instead he suggested a 'degree of bad faith' by asking what Inspector Farrelly was insinuating about him.

She has refused to quash the findings against him.

John Wilson told reporters 'the judgment requires careful consideration and as the matter is still live before the High Court it would be totally inappropriate of met to make any further comment'.

The case returns to court on May 16th to address costs. John Wilson recently retired from the gardai, but not because of the issues at the centre of this case.

He is best known as the whistleblower in the penalty points scandal who along with fellow whistle blower Maurice McCabe recently received an apology from Justice Minister Alan shatter over remarks made in the Dáil that they had not been co-operative with investigations into the allegations they had made.


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