High Court rules suspension of Garda who allegedly had inappropriate relationship with woman is lawful
THE HIGH COURT has ruled that the suspension of a garda who allegedly had an inappropriate relationship with a woman who made a criminal complaint to him is lawful.
Last March, Donegal-based Garda Keith Harrison brought a High Court challenge against his ongoing suspension.
Harrison brought judicial review proceedings before the High Court seeking orders lifting and quashing his suspension.
The suspension relates to allegations he had an inappropriate relationship with a woman who for a time was his partner.
It is alleged that in 2019, Harrison took a formal statement from a woman who had made a criminal complaint of domestic abuse against her then partner.
Harrison later entered into a relationship with this woman.
While she is not pursuing any criminal complaint against Harrison, An Garda Síochána contend that the relationship was 'inappropriate and contrary to the professional duty of care owed by a member of An Garda Síochána to a person alleged to be a vulnerable victim of a crime'.
An Garda Síochána also cited a 'power dynamic between a person making a complaint of domestic abuse and the Garda to whom that complaint is made'.
The High Court noted that there is 'strong evidence of the applicant having entered into a sexual relationship with the complainant within weeks of the complaint of domestic abuse'.
The woman, who can't be named to respect her privacy, didn't pursue a criminal prosecution against her then partner.
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It was argued by Harrison that the fact that there was no criminal prosecution by the woman against her then partner means that she cannot properly be described as a 'vulnerable victim of a crime'.
It was also argued that this 'at the very least reduces the seriousness of the alleged breach of discipline'.
However, the High Court said there are many reasons why a criminal prosecution might not be pursued in the context of alleged domestic abuse and that 'it cannot automatically be inferred that the person making the complaint was not vulnerable'.
Harrison previously stated that he entered into 'a fully consensual' relationship with the woman and noted that the two have a child together.
Harrison was first suspended in March 2021 and his suspension has been extended in a series of three-monthly decisions since.
The High Court today ruled that Harrison's continued suspension is lawful.
Mr. Justice Garrett Simons said that given the 'seriousness of the breaches of discipline alleged, it was reasonable and rational for the Assistant Commissioner to extend this suspension on each of the three-monthly reviews'.
The judge dismissed the application for judicial review.
Harrison was one of several garda members to have appeared before the Disclosures Tribunal, which investigated claims by Garda whistleblowers.
In 2017 and 2018, the tribunal chair Mr Justice Peter Charleton rejected allegations by Harrison and his then-partner.
The allegations included that a woman, who is not the woman at the centre of the High Court legal action, was compelled by gardaí to make a statement against Harrison that led to a Tusla referral and that Harrison was the victim of a five-year intimidation campaign after arresting a fellow officer for drink driving in 2009.
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