A DETECTIVE garda who was the subject of a criminal investigation over allegations he facilitated the illegal sale and supply of heroin will not face criminal prosecution, the Limerick Leader can reveal.
The detective, who is based in the Limerick garda division, was the subject of complaints which were made by a County Limerick man around three years ago.
The detective garda and a colleague of his were suspended pending an investigation of the allegations by a senior garda officer from outside of the Limerick division, who was appointed by the then commissioner, Martin Callinan.
That investigation, which lasted for more than 12 months, was completed earlier this year and a file forwarded to the Director of Public Prosecutions for consideration.
Correspondence from the senior officer who oversaw the investigation, which has been seen by this newspaper, confirms the DPP has directed that no prosecution be brought against the detective or any other person.
“The DPP’s office is of the view that the evidence in the case is not sufficient to enable a reasonable jury to be satisfied to the criminal standard as to sustaining a conviction,” states the correspondence.
The allegations against the detective, which were first made in October 2011, were that he handled significant quantities of drugs for a confidential informant – in breach of garda rules.
In addition to the criminal investigation, a disciplinary investigation was also carried out.
As part of that process an internal garda board of inquiry was established and last year the board recommended the detective be dismissed from the force.
That decision has been appealed and a High Court action is pending as to how the appeal will be conducted.
“The proceedings are currently subject of an Order of Prohibition by way of application for judicial review in the High Court restraining the Commissioner from taking any further steps and from taking any further action in disciplinary proceedings which are currently pending,” stated the correspondence from the senior garda officer.
The judicial review proceedings are due to come before the High Court again next month.
Meanwhile, the Limerick Leader has learned the colleague of the detective garda who was subject to similar allegations has returned to work in the Limerick division in recent weeks.