{"id":170566,"date":"2025-12-02T06:32:07","date_gmt":"2025-12-02T06:32:07","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/170566\/"},"modified":"2025-12-02T06:32:07","modified_gmt":"2025-12-02T06:32:07","slug":"detective-who-lent-bicycle-to-vulnerable-man-given-permission-to-challenge-refusal-of-medical-cert-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/170566\/","title":{"rendered":"Detective who lent bicycle to \u2018vulnerable\u2019 man given permission to challenge refusal of medical cert \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">A detective who faced an inquiry after loaning an unclaimed bicycle out of <a href=\"https:\/\/www.irishtimes.com\/tags\/an-garda-siochana\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/an-garda-siochana\/\">Garda<\/a> storage to give it to a vulnerable neighbour during the <a href=\"https:\/\/www.irishtimes.com\/tags\/covid-19\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/covid-19\/\">Covid-19<\/a> pandemic has been granted <a href=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\">High Court<\/a> permission to bring judicial review proceedings.<\/p>\n<p class=\"c-paragraph paywall \">Det Garda Eamonn Cunnane argues the investigation into the incident caused him mental and physical deterioration, amounting to an \u201cinjury while on duty\u201d.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">Ms Cooney said the action was being taken against the Garda Commissioner over a decision of last July confirming the refusal of her client\u2019s application for an \u2018injury on duty\u2019 claim under Garda Code 11.37.<\/p>\n<p class=\"c-paragraph paywall \">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 \u201can elderly, vulnerable and isolated man, in good faith\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Det Garda Cunnane submits he was \u201cacting with compassion during a time of unprecedented national emergency, and also at a time where the respondent [the Garda Commissioner] encouraged all garda\u00ed to be rooted in their communities\u201d.<\/p>\n<p class=\"c-paragraph paywall \">The detective submits that this was an \u201cact of kindness with no attempt to conceal or to profit\u201d that led to allegations against him from Garda superiors of criminality, theft and negligence. He estimates the unclaimed bicycle was worth \u20ac50.<\/p>\n<p class=\"c-paragraph paywall \">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, garda\u00ed secured a warrant to search the detective\u2019s home. <\/p>\n<p class=\"c-paragraph paywall \">On June 4th, 2020, the warrant was executed in what Det Garda Cunnane claims was an action \u201cin the nature of a dawn raid\u201d. The detective submits he voluntarily brought investigating members to his neighbour\u2019s home and the bike was recovered. <\/p>\n<p class=\"c-paragraph paywall \">Det Garda Cunnane was suspended that day and this, according to his lawyers, began a \u201cfour-year ordeal for the appellant\u201d.<\/p>\n<p class=\"c-paragraph paywall \">On April 17th, 2021, Det Garda Cunnane was informed by the <a href=\"https:\/\/www.irishtimes.com\/tags\/director-of-public-prosecutions\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/director-of-public-prosecutions\/\">Director of Public Prosecutions<\/a> that no criminal charge was to be brought against him.<\/p>\n<p class=\"c-paragraph paywall \">After that decision, an internal disciplinary investigation recommenced while Det Garda Cunnane remained suspended from duty \u2013 from June 2020 until August 2023 \u2013 and concluded that he be reinstated on a limited basis.<\/p>\n<p class=\"c-paragraph paywall \">A later Garda board of inquiry, which ran from February to March 2024, concluded that he had not committed a serious breach of discipline.<\/p>\n<p class=\"c-paragraph paywall \">It is submitted that Det Garda Cunnane was cleared of any allegation of misuse of Garda property and that the board was satisfied \u201cthat the applicant\u2019s behaviour was indicative of his honest dealings\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Det Garda Cunnane returned to full-time duty in March 2024.<\/p>\n<p class=\"c-paragraph paywall \">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.<\/p>\n<p class=\"c-paragraph paywall \">His superiors, it is submitted, judged him to have contributed to causing the incident himself by taking the bicycle without permission. <\/p>\n<p class=\"c-paragraph paywall \">Det Garda Cunnane submits that he endured a \u201cfour-year ordeal, marked by professional humiliation, personal trauma and what I believe to be institutional mistreatment\u201d.<\/p>\n<p class=\"c-paragraph paywall \">He further submits that he was \u201ccompletely exonerated of any wrongdoing\u201d or negligence by a statutory process.<\/p>\n<p class=\"c-paragraph paywall \">Ms Justice Mary Rose Gearty granted permission for the judicial review and adjourned the matter to February.<\/p>\n","protected":false},"excerpt":{"rendered":"A detective who faced an inquiry after loaning an unclaimed bicycle out of Garda storage to give it&hellip;\n","protected":false},"author":2,"featured_media":96443,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[45,160,42,73,43,40,38,41,39],"class_list":{"0":"post-170566","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headlines","8":"tag-an-garda-siochana","9":"tag-covid-19","10":"tag-headlines","11":"tag-high-court","12":"tag-news","13":"tag-top-news","14":"tag-top-stories","15":"tag-topnews","16":"tag-topstories"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/170566","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=170566"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/170566\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/96443"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=170566"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=170566"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=170566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}