Detective given permission to challenge superiors over loaned bicycle taken from Garda storage for pensioner

Paul Neilan

A detective who loaned an unclaimed bicycle out of Garda storage to give it to a vulnerable elderly neighbour during Covid has successfully applied to the High Court to argue that an investigation into the incident caused his mental and physical deterioration, amounting to an 'injury while on duty'.

At the High Court on Monday, barrister Sarah Cooney successfully applied for a judicial review hearing on behalf of Detective Garda Eamonn Cunnane. Det Gda Cunnane wants to quash the findings of a Garda inquiry that refused his application for a medical certificate, affecting his salary.

Ms Cooney BL, said Mr Cunnane was seeking an order quashing the refusal of the medical cert and 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.

Ms Cooney, instructed by Damien Tansey Solicitors, submitted that on May 4th, 2020, the detective loaned the bicycle out of storage in order to give it to "an elderly, vulnerable and isolated man, in good faith".

Det Gda Cunnane submits 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".

An act of kindness with no attempt to conceal or to profit.

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 June 2nd, 2020, that he had loaned the bicycle to his elderly 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 June 4th, 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 April 17th, 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.

A later Garda board of inquiry, which ran from February to March 2024, concluded that he had not committed a serious breach of discipline.

It is submitted that Det Gda Cunnane was cleared of any allegation or of misuse of Garda property and that the board was satisfied "that the applicant's behaviour was indicative of his honest dealings".

Det Gda Cunnane returned to full-time duty in March 2024.

However, Det Gda Cunnane seeks to overturn a decision by Garda superiors refusing the restoration of full pay for the six-month period of March to September 2025, which related to work-related stress, when he was not able to perform his duties to his full abilities.

His superiors, it is submitted, judged him to have contributed to causing the incident himself by taking the bike without permission from his superiors.

Det Gda Cunnane submits that he endured a "four-year ordeal, marked by professional humiliation, personal trauma and what I believe to be institutional mistreatment".

Det Gda Cunnane further submits that he was "completely exonerated of any wrongdoing, negligence or willful neglect, by statutory process".

Ms Justice Mary Rose Gearty granted the application for leave for judicial review brought by Ms Cooney and adjourned the matter to February.