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Donegal-based Garda Keith Harrison has introduced a Excessive Courtroom problem in opposition to his ongoing suspension from his job, over allegations that he had an inappropriate relationship with a lady who for a time was his companion.
Garda Harrison says he was suspended from his job in 2021 and is the topic of an inner Garda disciplinary probe concerning his relationship with the girl, which he says was consensual.
Mr Harrison, who strongly denies any wrongdoing, is now not in a relationship with the girl.
It’s claimed that in 2019 the girl is alleged to have reported to gardaí that she was the sufferer of against the law. Mr Harrison is alleged to have subsequently entered right into a relationship together with her
By doing this with a weak sufferer of against the law, he has been accused of breaching Garda self-discipline as a result of his alleged conduct was discreditable and opposite to his skilled obligation of care.
Additionally it is alleged that Mr Harrison took cash from the girl by means of a mortgage.
He claims that he entered into “a completely consensual” relationship with the girl, that the 2 have a baby collectively, and that the girl has made it clear to gardaí that she didn’t need a legal prosecution initiated in opposition to him.
He was suspended from obligation in March 2021.
Over the past three years his suspension has been prolonged by his employer on a number of events.
He claims he was initially knowledgeable his suspension was based mostly on an alleged legal matter, which he says he first realized about from media experiences in 2021, and for alleged breaches of self-discipline.
He claims Garda members have been the supply of that info, and the leak to the press was malicious and illegal.
He claims that in 2022 the Director of Public Prosecution (DPP) decided that he shouldn’t be prosecuted in respect of any legal matter alleged in opposition to him.
No prosecution concerning the alleged leak will probably be introduced both, he claims.
On the continuing disciplinary issues, he claims an investigating officer and a board of inquiry have been established final 12 months.
In his Excessive Courtroom motion in opposition to the Garda Commissioner, he claims the inquiry is being carried out in a manifestly unfair and procedurally flawed method.
He additionally claims he’s being disciplined for having a consensual relationship with the girl and that his ongoing suspension quantities to an abuse of course of.
His legal professionals raised points about how proof has been offered to the board and over the disclosure of fabric related to the probe to him and his advisers.
He claims his suspension is manifestly unfair and that he has not been supplied with any significant clarification as to why he has been suspended.
There was undue delay in advancing the method, and he claims there’s a bias in opposition to him.
Mr Harrison, who’s stationed at Milford Garda station has introduced judicial assessment proceedings earlier than the Excessive Courtroom the place he seeks orders lifting and quashing his suspension
Represented within the motion by Mark Harty SC, Mr Harrison additionally seeks orders quashing the Garda Commissioner’s resolution to nominate an officer to research the alleged breaches of self-discipline and prohibiting the board of inquiry from continuing any additional.
Alternatively, he seeks a keep on the disciplinary course of till he has been furnished with all related materials taken in reference to the alleged breach of self-discipline.
On the Excessive Courtroom on Monday, Ms Justice Niamh Hyland granted the garda permission, on an ex parte foundation, to carry his authorized problem in opposition to his ongoing suspension.
The matter will return earlier than the Courtroom subsequent month.
Mr Harrison was certainly one of a number of members to have appeared earlier than the Disclosures Tribunal, which has investigated claims by Garda whistleblowers.
In 2017 and 2018, the tribunal chairman and present Supreme Courtroom choose Mr Justice Peter Charleton rejected allegations by him and his then-partner.
The allegations included {that a} lady, who shouldn’t be the girl on the centre of the present authorized motion, was compelled by gardaí to make an announcement in opposition to Mr Harrison that led to a Tusla referral and that Mr Harrison was the sufferer of a five-year intimidation marketing campaign after arresting a fellow officer for drink driving in 2009.
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