A senior garda being investigated over highly sensitive information being passed to the media is seeking permission to bring a High Court challenge aimed at halting the inquiry.
Supt David Taylor, who was in charge of the Garda Press Office between July 2012 and June 2014, is being investigated concerning alleged breaches of section 62 of the Garda Síochána Act, the 1998 Data Protection Act and Garda discipline.
The charges arise from how sensitive information was passed to the media by An Garda Síochána on October 21st, 2013, concerning a childcare matter in south Co Dublin. That information was subject of media reports and its acquisition by the media became subject of criminal and internal disciplinary investigations.
When Supt Taylor’s application for leave to bring the judicial review proceedings against the Garda Commissioner and DPP came before Mr Justice Séamus Noonan yesterday, he directed it should be heard on notice to the other side and adjourned it for two weeks.
‘Skulduggery’
Breffni Gordon, for Supt Taylor, told the judge his client fears some sort of “skulduggery” in relation to the investigation. Supt Taylor is concerned evidence is being interfered with, information concerning the investigation has been leaked to the media, the probe has been “tainted beyond redemption”, lacks credibility and public confidence, and should be prohibited,
Supt Taylor also wants injunctions halting the investigation until the Garda Commissioner provides a report accounting for its conduct to date and addressing his concerns about the integrity and probity of evidence gathered by investigators.
Mr Gordon said, following the leak to the media concerning the childcare matter, his client was initially told he was not the subject of an investigation but was later told he was.
His client’s concerns arose from matters including a phone call he received from a journalist in March 2015 asserting both the journalist and Supt Taylor were to be arrested in connection with the leak.
Investigation
When Supt Taylor challenged the senior garda conducting the investigation about that, he was told he was “a person of interest” to the investigation team.
On May 28th, 2015, a newspaper reported a garda was expected to be arrested over the leaking of information concerning a childcare case and this leak was most likely provided by somebody closely connected to the investigation, counsel said.
His client was arrested at a Dublin Garda station that same day and suspended from duty. News vans gathered outside the station where the arrest took place, counsel said. Newspaper reports also showed the source is closely connected to the investigation team.
One of the “most bizarre” aspects of the investigation concerns one of three phones taken from Supt Taylor by investigators, counsel said.
One of the phones “went live” and attempted to enter a private closed chat group on the Viber platform, counsel said, suggesting evidence has been interfered with, he added.