A garda has failed in a High Court bid to prevent his dismissal from the force after being convicted for drink-driving.
John English, who was attached to Clonmel Garda station in Co Tipperary, was four times over the legal limit when stopped on August 14th, 2022.
High Court judge Sean Gillane said An Garda Síochána was a “disciplined force” and the approach by the Garda commissioner to dismissing English was not “unreasonable or irrational”.
The judge said English’s previous record of service and good conduct over 17 years were not in dispute. It was “difficult not to have a degree of sympathy” for him, he said.
However, it was for the commissioner, as head of the force, to decide whether a member is fit for retention. While he could have chosen a different sanction, it was not for the court to “second guess” the commissioner, said Gillane as he dismissed the case.
Upon conviction at Cashel District Court in May 2023, English was fined €500 and disqualified from driving for three years. He contested the hearing but did not appeal his conviction and told the High Court there was “no excuse” for his actions.
He has been suspended from the force since September 2022.
In a February 2024 letter, the then Garda commissioner proposed dismissing English as he considered him unfit for retention. Drew Harris told English he had lost the trust of the public and his colleagues. It would be “wholly inappropriate” for a garda to continue to serve after he has “committed a serious breach of discipline”, the commissioner wrote.
English, via his solicitor, submitted that summary dismissal would be inappropriate and disproportionate. He asked the commissioner to appoint a board of inquiry to comprehensively consider the issues.
His solicitor referred to a Garda headquarters directive that lists aggravating factors for a drink-driving incident, including a member being on duty at the time of the incident, a member’s involvement in a collision, an instance of dangerous driving, and a high level of intoxication. English submitted his case did not involve any of the aggravated factors listed in the directive.
In late 2024 the Policing Authority permitted the commissioner to dismiss English.
Challenging his dismissal in the High Court, English contended the commissioner acted unfairly by failing to provide him and the Policing Authority with all the materials upon which he relied when dismissing him. He claimed the commissioner acted unreasonably and beyond his powers by failing to have regard to the aggravating factors directive.
The commissioner stood over his decision, saying he acted lawfully and within his powers under the An Garda Síochána Act of 2005. He claimed all parties were aware of the material facts upon which he based his decision. The offence predated the aggravating factors directive so he did not need to consider it, the commissioner argued.
The judge said it was “noteworthy” that the commissioner repeatedly used the phrase “high level of intoxication” throughout his February 2024 letter to English. The alleged breach of discipline and the material facts “could not have been set out in clearer terms”, said Gillane.
The commissioner had regard to road and public safety and the responsibility of Garda members in these areas, said the judge. It seemed English was afforded appropriate fair procedures, said Gillane, adding that he could not see how the aggravating factors directive could have influenced the result if it had been applied.
He refused to halt the dismissal.
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