Garda Keith Harrison seeking to halt internal investigation into alleged misconduct

Garda Harrison, who denies the alleged misconduct, says the investigation has been brought on behalf of the Garda Commissioner following certain adverse comments made about him in an interim report by the Tribunal Chairman Mr Justice Peter Charleton.

His lawyers argue the Tribunal’s comments cannot have any legal implications nor can they be relied upon by the Garda Commissioner to discipline Garda Harrison and the investigation should be prohibited.

Last November the Disclosures Tribunal rejected allegations made by Garda Harrison and his partner Marissa Simms.

The couple made allegations including that Ms Simms was compelled by gardaí to make a statement against him which led to a Tusla referral.

The Co Donegal-based garda also alleged he was the victim of a five-year intimidation campaign after arresting a fellow officer for drink driving in Athlone in 2009.

In an interim report, Mr Justice Charleton said all of Garda Harrison and Marisa Simms allegations examined by the Tribunal were "entirely without any validity.”

Last July, Garda Harrison was informed that a Garda Superintendent has been appointed to conduct an internal investigation into alleged breaches of discipline by him.

The misconduct alleged includes that the adverse commentary by Mr Justice Charleton about Garda Harrison brought An Garda Síochána into disrepute and that allegations made by Garda Harrison in a protected disclosure were found to be false and entirely misleading.

It is also alleged that the motivation by Garda Harrison in making those allegations was malicious and vexatious and that his conduct in incidents outlined in evidence to the tribunal was unbecoming to a member of the Garda.

Garda Harrison denies the allegations and his lawyers have called on the Commissioner to end what he claims is an unlawful investigation, which the Commissioner has failed to do.

In his action against the Commissioner, Garda Harrison, represented by Mark Harty SC seeks declarations and orders including an order quashing the decision to appoint an officer to investigate alleged breaches of discipline by the Garda.

He also seeks declarations that the decision to appointed an investigating officer is unlawful and by seeking to place reliance on the findings of a tribunal of inquiry the Commissioner has acted outside his jurisdiction and in breach of natural and constitutional justice.

Counsel also told the court that it is Garda Harrison's case that in seeking to discipline his client on the basis of what was contained in protective disclosures the Commissioner is acting in breach of the 2014 Protective Disclosures Act.

Permission to bring the action was granted, on an ex parte basis, by Mr Justice Seamus Noonan at today's sitting of the High Court.

The case will come back before the court next month.