Doctor questioned by gardaí over alleged human trafficking settles dispute with employer

ireland
Doctor Questioned By Gardaí Over Alleged Human Trafficking Settles Dispute With Employer
The court heard the man's employer, a hospital in the State, had initially placed him on administrative leave after media reports concerning the garda probe emerged
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High Court reporters

A doctor who is the subject of human trafficking allegations has settled his High Court action against his employer who he alleged had wrongly 'retired' him from his position.

Earlier this month, the doctor, who denies any wrongdoing and has not been charged with any criminal offence, brought legal proceedings against what he claimed was the decision of his employer, a hospital in the State, to terminate his employment.

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His employer had initially placed him on administrative leave after media reports concerning the garda probe emerged.

The doctor, who cannot be named for legal reasons, claimed his employer had unlawfully, and in the absence of any form of investigation or disciplinary procedure, dispensed with his services "under the guise of a retirement".

He then brought proceedings in which he alleged the hospital had acted in breach of contract, seeking orders including an injunction restraining his employer from terminating his employment.

The defendant, represented by Kiwana Ennis Bl, had denied any wrongdoing.

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When the case was mentioned during Wednesday's sitting of the High Court, Mr Justice Garrett Simons was informed by Jason Murray Bl, instructed by Orpen Franks Solicitors LLP for the medical consultant, that the matter had been settled and, with the consent of the parties, could be struck out.

No details of the settlement were given in open court, and it is understood the terms of the agreement are confidential.

The court also ruled that given that matter had been resolved, reporting restrictions, which had been sought by the doctor, were to remain in place.

The judge welcomed the settlement and struck out the proceedings.

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Anonymity

Previously, the judge had expressed some reservations about continuing the order preserving the doctor's anonymity, which had been granted on a temporary basis when the action first came before the court, in what was an employment dispute.

The doctor's lawyers had sought the anonymity order on grounds including that he had not been named in media reporting of the garda investigation.

The reporting of his name in the context of these proceedings could prejudice both the doctor and potentially members of his family, his lawyers argued.

It was claimed that while he had not been charged with any offences, there was a possibility that if he was, his own minor children may have to be called as witnesses.

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If his children were to be involved in any criminal trial, then they would be legally entitled to anonymity, his lawyers argued.

The judge had invited submissions from the parties on whether the anonymity order should be continued.

The court also put several media outlets on notice of the application, which was due to be considered by him during Wednesday's sitting of the court, to continue the reporting restrictions.

However, given that the matter had been settled without a hearing, the judge said he was satisfied to keep the reporting restrictions in place.

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The judge also noted that no media outlet had come to court to make submissions or challenge the order because the dispute had been resolved.

The judge said the issues raised in application for anonymity were "quite interesting" but are matters that will have to be resolved in a different case.

In his action, the man had claimed his employer had taken steps against him following media reports which appeared following his arrest, questioning and seizure of electronic devices from his home and office by gardaí.

Those actions by gardaí took place a year after officers first contacted the doctor about an investigation into a person from Southern Africa who was seeking permission to enter Ireland, the court heard.

The doctor was questioned by gardaí over alleged human trafficking offences, under both the 2000 Illegal Immigrants (Trafficking) Act and the 1998 Child Trafficking and Pornography Act.

He says that he was also questioned by gardaí about photos on one of the devices, including pictures of his own young children when they were having a bath which were sent to him by the children's mother.

The man denies any criminal wrongdoing.

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