Mr. Justice Rory MacCabe:

The first thing is that we understand that complaints can have serious consequences for gardaí who may, if the Commissioner so decides, be suspended while their investigation takes place. That will put their career at risk and obviously will cause great stress on their families and on their lives. That is the nature of the process. On the other hand, gardaí accused of criminal wrongdoing are presumed innocent, like all persons accused of a crime, but the Commissioner must decide whether a garda accused of wrongdoing should continue working, pending the outcome. That can be a very difficult judgment for the Commissioner to make.