A GARDA sergeant has lost his High Court bid to prevent an internal investigation into complaints against him regarding his treatment of a female colleague.
Among the allegations being investigated is that Sgt Paul Fanning had in May 2008 placed a paper sign reading “FAG1” in front of a number plate of a car in which the female garda travelled to work.
It was also alleged Sgt Fanning asked the complainant whether she had enjoyed searching a woman prisoner and sent inappropriate messages on the Garda command and control system.
Sgt Fanning, stationed at Cabra Garda station, had claimed an investigation into complaints against him by his colleague was flawed, on grounds including delay. He also alleged breach of his rights to a fair hearing, fair procedures and natural justice.
The Garda Commissioner denied the claims.
Yesterday, Mr Justice John Hedigan gave a reserved judgment rejecting Sgt Fanning’s claims and refusing to grant orders quashing the investigation under Garda policy and procedures related to harassment, sexual harassment and bullying.
Mr Justice Hedigan also rejected the claims about delay in commencing an investigation.
Sgt Fanning had failed to show he had suffered any prejudice due to the time frame involved in investigating the complaint for the second time, the judge ruled.
The judge also dismissed as “without substance” Sgt Fanning’s claim he did not have sufficient time to respond to statements taken as part of the investigation against him.
