Cold case unit Garda gets injunction blocking transfer
TIM HEALY – 19 APRIL 2013
THE High Court has granted a detective in the garda cold case unit – which investigates unresolved homicides – a temporary injunction restraining his proposed transfer to another section of the force.
Detective Sergeant Michael Buckley claims he is being moved from his role at Serious Crime Review Team at Harcourt Square Dublin to the Motor Vehicle Investigation Unit because of allegations of bullying and harassment he has made against a number of his superiors.
In proceedings against the Garda Commissioner, lawyers for DS Buckley told Mr Justice Paul Gilligan their client believes that his proposed transfer, which was due to take place next Monday, is an attempt to undermine him.
The Judge said he was satisfied to grant a temporary injunction, on an one side only represented basis, preventing the Commissioner from effecting the transfer. The Judge also made an order preventing anyone from being appointed to the position DS Buckley currently holds.
The court heard that in 2011 DS Buckley made a number of complaints, under internal Gardai procedures, about bullying and intimidation to Gardai with responsibility for human resources matters. In 2012 he was informed his complaints had been dismissed.
He appealed that finding. However he was subsequently informed that his appeal was being struck out because it was made outside of the required time limits. DS Buckley disputed that assertion and brought judicial review proceedings in the High Court aimed at having his appeal determined.
Earlier this year those proceedings were resolved and his appeal is now due to be considered. However following that decision he was informed that he was to be transferred to improve operational efficiency in the unit that deals with stolen vehicles.
However, he claims the decision to transfer him is unfair, in breach of Garda procedures and is a further attempt to bully and harass him.
The Judge made the matter returnable before the court to a date next week.