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posted 6 months ago
A recent Court of Appeal decision in the case of Hegarty v The Commissioner of An Garda Siochana [2023] IECA 266 reinforces the principle that an employee can never be disciplined twice for the same incident.
Facts:
In this case a member of An Garda Siochana (Mr. Hegarty) was accused of two breaches of discipline.
Allegation 1: The first allegation was that he had engaged in a sexual act with a “complainant” while on duty during the course of taking a statement of evidence from her relating to the arrest of her sister.
Allegation 2: The second allegation was that he failed to record a statement of evidence from the “complainant” relating to the arrest of her sister in accordance with proper procedure and his duty to do so.
Both allegations were admitted by the Garda.
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