Retired garda no longer subject of inquiry as case settled
on 07/12/2012 17:57:46
Mr Martin Byrne, formerly of Castlebar Station, Co Mayo, and who retired on February 17 last with 30 years service, was among a number of gardaí who became subject of the board of inquiry established by the Garda Commissioner on January 12 last.
The inquiry was set up to find out whether there were serious breaches of discipline in relation to the release on bail on February 16 last year of a man who should not have been let out.
Last February Mr Byrne was given leave by the High Court to seek to quash the Commissioner's decision to establish an inquiry, insofar as it related to him.
He claimed that the regulations do not allow for such an inquiry once he ceased to be a garda.
Today when the matter was mentioned before the President of the High Court Mr Justice Nicholas Kearns Paul McGarry SC, for Mr Byrne, told the court that the matter had been settled and that his client was no longer the subject of a Garda inquiry.
Counsel said his side were seeking their legal costs arising out of their leave application.
However lawyers for the Garda Commissioner asked the court not to make any order in regards to costs.
It was claimed that the application was ill conceived because prior to seeking leave a letter was sent on behalf of the commissioner informing Mr Byrne that he may only be required to attend the inquiry as a witness.
Mr Justice Kearns ruled that the fairest thing to do in this situation was to make no order as to costs.