Garda reject to challenge brother-in-law link
A MAN was allegedly refused a post as crime and policing analyst with the gardai because a brother-in-law has a criminal conviction.
Eanna Kennedy, Caitean, of Curryhills, Prosperous, Kildare, was yesterday given permission by the High Court to challenge the decision.
He says he listed 48 members of his family as part of his application in January 2008 for the post, which was one of 28 vacancies.
After doing an interview in June that year, along with 85 out of 546 people who had applied, he says he was later told he had been placed "second in order of merit".
By November, he heard nothing back and he made a number of inquiries to the Public Appointment Service (PAS), which he had made the application to and which is the centralised recruitment service for gardai and other public bodies.
Then on December 4 he was told by PAS he had not been recommended in the final stage of the selection process.
He was given leave by the High Court yesterday to take judicial review proceedings against the Garda Commissioner and PAS, claiming the decision was in breach of natural and constitutional justice as well as in breach of the PAS's own code of conduct. In an affidavit, Mr Kennedy said he met a chief superintendent in June 2009, who told him the decision had nothing to do with his good character but it was a decision made by the Garda Commissioner and a vetting panel.
He said it was at this stage that, "I learned the conviction of my brother-in-law, during the course of the selection process, was taken into account by the panel as being a matter of relevance to my good character."
Mr Kennedy said he was distressed on learning this, especially because no information about vetting had been provided in a booklet about the job or that an in-law could impact on his good character.
Yesterday, Mr Justice Michael Peart also extended time for him to bring judicial review proceedings and made the matter returnable to next month.