McGowan v Wren

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1988
• Date: 01 January 1988

(H.C.)

McGowan

and

Wren

Discipline -Inquiry - Discontinuance - Garda Commissioner directing that a new inquiry be held into same allegations - Whether appointment of new board of inquiry be quashed - Garda Síochána (Discipline) Regulations, 1971 (S.I. No. 316).

On 24 September, 1985, a sworn inquiry was held at Ballyshannon Garda Station, County Donegal, to examine allegations that the applicants committed a breach of discipline under the Garda Síochána (Discipline) Regulations, 1971. Owing to certain irregularities in the documents before it, the inquiry was discontinued. On 15 January, 1987, the first named respondent directed that a sworn inquiry be held into the same allegations which has been the subject matter of the previous inquiry, and appointed the second, third and fourth named respondents to hold the inquiry. After a number of adjournments, the inquiry was fixed to take place on 29 September, 1987. On 28 September, 1987, the applicants were granted leave by the High Court (Blayney J.) to apply for an order of certiorari to quash the decision of the first named respondent appointing the second, third and fourth named respondents as a Board of Inquiry to hear and determine the allegations made against the applicants. Held by Gannon J. in refusing the relief sought, 1, where a sworn inquiry under the Garda Síochána (Discipline) Regulations, 1971, is...