The Garda Commissioner has been given three weeks to file opposition papers over a detective's claim that after he loaned an unclaimed bicycle to a vulnerable elderly neighbour during Covid, a flawed investigation into the incident caused him mental and physical illness, amounting to an injury while on duty.
Detective Garda Eamonn Cunnane took a judicial review after An Garda Síochána refused to classify his sickness as a work-related injury, resulting in what he claims was an unfair reduction in his salary.
Det Gda Cunnane seeks to overturn a decision by garda superiors refusing the restoration of his full pay for the six-month period of March to September 2025, which he claims is related to work-related stress.
At the High Court, barrister Sarah Cooney BL, for Det Gda Cunnane successfully applied for a direction from Ms Justice Mary Rose Gearty to order the Garda Commissioner to file opposition papers within three weeks or risk the matter being heard without any defence.
In January, Ms Cooney was granted permission to seek relief for her client who sought to quash the findings of a garda inquiry that refused his application for a medical certificate, affecting his salary.
Ms Cooney said Det Gda Cunnane took his action against the Garda Commissioner over a July 2025 decision confirming the refusal of his application for an 'injury on duty' claim under Garda Code 11.37.
It was submitted that on 4 May 2020, during the Covid pandemic, the detective loaned the bicycle out of garda storage and gave it to "an elderly, vulnerable and isolated man, in good faith".
'Acting with compassion'
Det Gda Cunnane submitted he was "acting with compassion during a time of unprecedented national emergency, and also at a time where the respondent [the Garda Commissioner] encouraged all gardaí to be rooted in their communities".
The detective submits that this was an "act of kindness with no attempt to conceal or to profit", that led to allegations against him of criminality, theft and negligence brought by garda superiors, over the unclaimed bike he estimated was worth €50.
He submits that he had informed his supervisor on 2 June 2020, that he had loaned the bicycle to his neighbour and that he would bring it back to the station. However, the next day, gardaí secured a warrant to search the detective's home.
On 4 June 2020, the warrant was executed in what Det Gda Cunnane claims was an action "in the nature of a dawn raid" on his home.
The detective submits he voluntarily brought investigating members to his neighbour's home and the bike was recovered. That day, Det Gda Cunnane was suspended, which began, according to his lawyers, a "four-year ordeal for the appellant".
On 17 April 2021, Det Gda Cunnane was informed by the DPP that no criminal charge was to be brought against him.
After that decision, an internal disciplinary investigation re-commenced while Det Gda Cunnane remained suspended from duty - from June 2020 until August 2023 - and concluded that he be reinstated on a limited basis.
Det Gda Cunnane was later cleared of any allegation of misuse of garda property. The garda board said it was satisfied "that the applicant's behaviour was indicative of his honest dealings", it is claimed.
Det Gda Cunnane returned to full-time duty in March 2024.
