Detective Garda Robert Fitzharris is spearheading a legal battle in the High Court to halt disciplinary actions against him due to several alleged exchanges found on his seized electronics. Det. Fitzharris was stripped of his duties after fellow Garda Síochána team members confiscated three devices – two smartphones and one laptop – from his home in October 2021. A subsequent scrutiny of these electronics led to internal disciplinary charges against Det. Fitzharris.
Det. Fitzharris is accused of sending confidential information via messages to an unidentified individual, including undisclosed details about a current Garda investigation and previously concluded investigation’s specifics. The latter investigation led to another person’s apprehension and incarceration. Allegedly, additional messages involved explicit and insulting content.
Det. Fitzharris and another Garda member, whose phone was also confiscated, faced investigation concerning this content. In 2022, the DPP decided not to charge Det. Fitzharris. Despite the decision, he remains on suspension and under internal disciplinary investigation, facing charges of untrustworthy actions and breaking confidentiality. This could result in his service termination if the charges are validated.
Det. Fitzharris disputes any wrongdoings, insisting that the Commissioner has no legal authority to use the materials apprehended from his devices against him in any ongoing disciplinary actions. He believes the allegations are founded on an illegal exploration of his devices and argues that retaining those devices violates his rights.
He also claims that their ongoing retention post-2021, despite his request for their return, signifies an illegal and unjustifiable action by the Commissioner. This amounts to the unlawful retention of his seized devices, he states. Furthermore, he asserts that his current suspension is illegal.
Consequently, Det. Fitzharris instigated a judicial review against the Commissioner, seeking orders to cease his disciplinary proceeding, return his electronics, and lift his suspension.
He is additionally pursuing an injunction to prevent the Commissioner from utilising any content extracted from the other Garda’s mobile, unless it is exclusively for reasons associated with the initial retrieval. He is also requesting that it be confirmed that the commissioner is operating against the law by employing data, which rightfully pertains to the detective, as proof in the disciplinary hearing. Furthermore, he asserts that to utilise data procured from the detective’s device, for anything other than a criminal inquiry, breaches the Data Protection Act of 2018. On Monday, the permission was accorded to initiate this challenge by Ms Justice Niamh Hyland, on an ex parte basis. The issue is set to be revisited in the High Court the proceeding month.