A detective who faced an inquiry after loaning an unclaimed bicycle out of Garda storage to give it to a vulnerable neighbour during the Covid-19 pandemic has be granted High Court permission to bring judicial review proceedings.
Det Garda Eamonn Cunnane argues the investigation into the incident caused him mental and physical deterioration, amounting to an “injury while on duty”.
Barrister Sarah Cooney told the court Det Garda Cunnane is seeking to quash the findings of a Garda inquiry that refused his application for a medical certificate, a decision that affected his salary.
Ms Cooney said the action was being taken against the Garda Commissioner over a decision of last July confirming the refusal of her client’s application for an ‘injury on duty’ claim under Garda Code 11.37.
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Ms Cooney, instructed by Damien Tansey Solicitors, submitted that on May 4th, 2020, her client loaned the bicycle out of storage in order to give it to “an elderly, vulnerable and isolated man, in good faith”.
Det Garda Cunnane submits he was “acting with compassion during a time of unprecedented national emergency, and also at a time where the respondent [the Garda Commissioner] encouraged all gardaí to be rooted in their communities”.
The detective submits that this was an “act of kindness with no attempt to conceal or to profit” that led to allegations against him from Garda superiors of criminality, theft and negligence. He estimates the unclaimed bicycle was worth €50.
He submits that he informed his supervisor on June 2nd, 2020, that he had loaned the bicycle to his neighbour and that he would bring it back to the station. However, the next day, gardaí secured a warrant to search the detective’s home.
On June 4th, 2020, the warrant was executed in what Det Garda Cunnane claims was an action “in the nature of a dawn raid”. The detective submits he voluntarily brought investigating members to his neighbour’s home and the bike was recovered.
Det Garda Cunnane was suspended that day and this, according to his lawyers, began a “four-year ordeal for the appellant”.
On April 17th, 2021, Det Garda Cunnane was informed by the Director of Public Prosecutions that no criminal charge was to be brought against him.
After that decision, an internal disciplinary investigation recommenced while Det Garda Cunnane remained suspended from duty – from June 2020 until August 2023 – and concluded that he be reinstated on a limited basis.
A later Garda board of inquiry, which ran from February to March 2024, concluded that he had not committed a serious breach of discipline.
It is submitted that Det Garda Cunnane was cleared of any allegation of misuse of Garda property and that the board was satisfied “that the applicant’s behaviour was indicative of his honest dealings”.
Det Garda Cunnane returned to full-time duty in March 2024.
However, he is seeking to overturn a decision by Garda superiors refusing the restoration of full pay for the six-month period from March to September last, which related to work-related stress, when he was not able to perform his duties to his full abilities.
His superiors, it is submitted, judged him to have contributed to causing the incident himself by taking the bicycle without permission.
Det Garda Cunnane submits that he endured a “four-year ordeal, marked by professional humiliation, personal trauma and what I believe to be institutional mistreatment”.
He further submits that he was “completely exonerated of any wrongdoing” or negligence by a statutory process.
Ms Justice Mary Rose Gearty granted permission for the judicial review and adjourned the matter to February.
