Garda brings High Court challenge against decision to extend probation

High Court reporters

A serving Garda who has been classified as being a probationer member for the last six years has launched a High Court challenge against the Garda Commissioner's decision to further extend her probationary period.

The application has been brought by Garda Caoimhe Busher, who has been a probationary Garda since September 2018 and is stationed at Dún Laoghaire Garda Station.

The court heard the Garda has been the subject of a disciplinary investigation concerning the manner she allegedly investigated and information that was allegedly inputted by her in the Garda Pulse System concerning a 2019 road traffic incident in south Dublin.

She denies any wrongdoing in relation to the incident.

The internal investigation into that matter has not been concluded, the court also heard.

In her action, Gda Busher claims that last April she was informed by the Garda Commissioner that her period of probation was being extended to October 2024.

She claims this was the seventh time her period of probation, which she claims is required to complete in two years, has been extended.

She claims it is unlawful that she remains a probationer, and that the extension breaches her rights under domestic and European law.

The Garda Commissioner, she claims, has unreasonably delayed in assessing whether she has demonstrated an ability to do the job.

Disciplinaries

In relation to the disciplinary proceedings, she claims that since 2020, two internal boards of inquiry into the allegations against her have either been adjourned, stood down, unlawfully dissolved, or have otherwise not made findings of wrongdoing against her.

She says she fears a third board of inquiry will be convened, and claims she has a legitimate expectation that the disciplinary actions against her should have been completed by now.

She also claims the disciplinary proceedings are tainted by an unreasonable delay, bias, and a lack of fair procedures, and should be discontinued.

As a result, she has brought High Court judicial review proceedings against the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General.

Represented by Mark Harty SC, James Kane Bl, and instructed by solicitor Martin Moran, Garda Busher seeks various orders and declarations from the court, including orders quashing the latest extension of her probationary period.

She also seeks an order restraining the continuation of the disciplinary proceedings against her.

She further seeks declarations including that her appointment to An Garda Síochána is confirmed by law, that her probation is unlawful, and the Garda Commissioner has unlawfully delayed making a decision that she has conducted herself in a manner befitting a Garda.

The matter came before Ms Justice Niamh Hyland on Monday, who granted the Garda permission on an ex-parte basis to bring her challenge.

The matter was adjourned to a date next month.