by Andrew Carey
A LIMERICK detective who said he was controlled and manipulated by an informant, has claimed that former Garda Commissioner Martin Callinan “concocted a DIY job” during the process which led to the ordering of his dismissal for breach of regulations.
During a judicial review of the dismissal order against Detective Garda Brian Culbert, former Commissioner Callinan, was accused of “cutting the ground from under” Detective Culbert by frustrating the appeal process because reasons for recommending the dismissal order were not given to the Commissioner for consideration.
In a two-day hearing before Ms Justice Iseult O’Malley at the High Court, counsel for Detective Culbert, Paul Burns SC said that his client was seeking a prohibition of any further disciplinary procedures and an ultimate quashing of the orders made by both the internal disciplinary boards and the Garda Commissioner in October 2013 which resulted in the dismissal order.
The court heard that prior to the dismissal order, Det Culbert, who was based in Roxboro Road Garda Station, admitted to five separate breaches of Garda discipline. These were: one count of disobeying an order, one count of following improper procedure, one count of abuse of power and two counts of falsehood.
Mr Burns said that Detective Culbert “was being controlled and manipulated by a confidential informant as opposed to it being the converse”.
Following a board of inquiry hearing, it was recommended that he be dismissed from the force. The Commissioner accepted that recommendation and the order was to take effect from midnight on October 25, 2013.
Detective Culbert claimed that this was unduly harsh and he was never given any reasons for the decision. He also claimed that his pleas in mitigation were not given fair consideration and an appeal was lodged.
Mr Burns said there was no real dispute as to the breaches of discipline but that there was a “fundamental flaw in the procedures followed by the internal disciplinary arms of the force”.
Following an investigation into the alleged breaches, the Garda Commissioner set up a three person investigation board in December 2011.
On September 4, 2013, the inquiry reported that the breaches had occurred and recommended that Detective Culbert be dismissed.
On October 4, 2013, Commissioner Callinan ordered Detective Culbert’s suspension pending his dismissal three weeks later. An appeal was lodged on October 10 and on November 5, 2013, the Supreme Court delivered a judgement relating to a separate and unrelated case taken by another Garda against the Commissioner.
The next day, the Commissioner established an appeal board to hear Detective Culbert’s case and on November 28 they sought a written submission outlining the grounds for appeal which his solicitor furnished to the appeal board on December 10, 2013.
The appeals board then asked the board of inquiry to reconvene and outline its reasons for recommending that Detective Culbert be dismissed before they heard the appeal.
Mr Burns said that this was “the commissioner effectively doing a DIY job in a way to fix things in light of the Supreme Court judgement”.
The Commissioner used an “unregulated process outside the framework” and Detective Colbert’s solicitor wrote to notify him that what he was embarking upon was both unlawful and unfair.
Certain codes of Garda regulations were not adhered to in issuing the dismissal order and ultimately the “entire process was tainted”.
Detective Culbert is seeking that the orders be quashed and that disciplinary procedures be prohibited.
Denying the allegations made in Mr Culbert’s case, counsel for the office of the Garda Commissioner Conor Power SC said that all procedures and measures taken were lawful and fully in line with Garda regulations and Detective Culbert had admitted very serious breaches.
He also said that the appeal process will “do what it does, once it hears the appeal and this judicial review is premature” and that this was an “exaggerated submission to overrule the dismissal by the the back door”.
Mr Power added that dismissal from the force was in the range of sanctions open to the Commissioner, given the serious breaches of discipline.
The court was told that Board of inquiry would deliver their reasons and then the matter would go before the appeal board and that process should be allowed continue.
Mr Burns said that this was unacceptable and Detective Culbert had every right to see that it was stopped.
Ms Justice Iseult O’Malley reserved her decision in the case.
