A Kilmacrennan Garda sergeant has brought an action in the High Court aimed at quashing the Garda Ombudsman’s decision to investigate allegations he harassed a Creeslough man over a four-year period.
Sergeant Oliver Moran is disputing the Ombudsman Commission’s decision to extend the six-month time limit for completion of an inquiry into a complaint by Josie Kelly, who claims he was harassed by him between 2003 and 2007.
In his judicial review proceedings, Sgt Moran is seeking various orders and declarations, including an order quashing the decision that the complaint was admissible. The commission is opposing the proceedings.
On Tuesday James Connolly SC, for Garda Sgt Moran, argued the Garda Ombudsman lacked jurisdiction to make the decision extending time to investigate the complaint.
The court heard Joise Kelly made a complaint to the Garda Ombudsman last February. He also complained he was assaulted by other gardaí in 2009 while in custody at Letterkenny station.
The action before Mr Justice John Hedigan continues.