Police officer given permission to appeal dismissal

Paul Laverty was granted leave at the High Court on Monday to seek a judicial review over the disclosure of information about the incident to his PSNI bosses.

The former probationer officer’s career came to a halt following an incident in Co Donegal in July 2010.

It was claimed that he had peered over the top of a cubicle partition to view a female customer in a Letterkenny tanning shop.

Garda inquiries resulted in no charges or prosecution being brought against him.

However, details of the alleged incident were passed on to the PSNI.

Misconduct proceedings were brought against Mr Laverty - who is understood to live in the Irish Republic - for allegedly failing to report a criminal investigation.

He was ultimately dismissed from the force, a decision upheld by a police appeals tribunal last September.

His lawyers mounted a wide-ranging legal challenge, claiming a breach of data protection and a violation of privacy rights.

Ruling on the first stage of the case yesterday, Mr Justice Horner said: “The real issue is whether the provision of personal information by the Garda poisoned the subsequent investigation which the PSNI carried out. “

The judge held that an arguable case had been established on claims that the supply of those details rendered the process unlawful.

Although he granted permission for the sacked officer to seek to judicially review the PSNI and the appeals tribunal, he stressed that no view was being taken on the final outcome.

A full hearing of the case is expected to take place next year.

Mr Justice Horner also rejected an application for reporting restrictions to protect Mr Laverty’s identity.

With no evidence of any threat to his life, the judge insisted: “There must be open justice unless there is good reason for the contrary.”