A Garda sergeant convicted of sexually assaulting a young woman has launched a High Court action aimed at preventing his dismissal from the force.
The action has been taken by Sergeant Cathal Middleton, who claims that the Garda Commissioner's proposal that he should be summarily dismissed from his job, before his appeal against his conviction is heard and in the absence of any disciplinary hearing or inquiry, is flawed and in breach of fair procedures.
In October of last year, Sergeant Middleton was found guilty at a sitting of Blanchardstown District Court of one count of Sexual Assault Contrary to Section 2 of the 1990 Criminal Law (Rape) Amendment Act, as amended by Section 37 of the 2001 Sex Offenders Act.