Watson (Gareth) Application for Judicial Review and in the matter of The Police Service of Northern Ireland (Conduct) Regulations 2016 and The Police Service for Northern Ireland and The PSNI Professional Standards Department
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 26 August 2022 |
| Neutral Citation | [2022] NIQB 59 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 26 August 2022 |
1
Neutral Citation No: [2022] NIQB 59
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL11903
ICOS No: 21/60712
Delivered: 26/08/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY GARETH WATSON
FOR JUDICIAL REVIEW
AND IN THE MATTER OF THE POLICE SERVICE OF NORTHERN IRELAND
(CONDUCT) REGULATIONS 2016
AND THE POLICE SERVICE FOR NORTHERN IRELAND
Respondent
AND THE PSNI PROFESSIONAL STANDARDS DEPARTMENT
Intervener
___________
Mr Ian Skelt QC with Mr Michael Egan BL (instructed by Edwards & Co, Solicitors) for
the Applicant
Mr Mark Robinson QC with Mr Mark McEvoy BL (instructed by the Crown Solicitor’s
Office) for the Respondent
Mr John Beggs QC (instructed by PSNI Legal Services Branch) for the Intervener
___________
COLTON J
Introduction
[1] The applicant is a constable in the Police Service of Northern Ireland
(“PSNI”). On 26 April 2016 as part of the application process to join the PSNI he
completed a Security Check and Counter Terrorist Check Questionnaire (“the
Questionnaire”).
[2] The applicant began training as a constable on 15 January 2017. He
completed his training and attested as a police constable on 26 June 2017.
2
[3] Section 14 of the Questionnaire required him to enter, inter alia, “details of
any other full or part time employment you have held within the last five years
giving the most recent employment first.”
[4] Subsequent to attestation it emerged that in answering question 14 of the
Questionnaire he failed to disclose two periods of part-time employment as a sales
assistant being:
(i) a period of employment as a sales assistant with Matalan between October
2011 and July 2014; and
(ii) part-time employment with Statement Menswear in Portadown between
January 2015 and October 2016.
[5] It further emerged that in the course of his employment with Matalan he had
been subject to disciplinary procedures culminating in a verbal warning for gross
misconduct. In the course of his employment with Statement Menswear he made
unauthorised payments to himself on 10 occasions between 18 December 2015 and
26 September 2016 totalling £1,675. On or about 13 October 2016 he took a loan from
Amigo Loans for £2,000 to repay the unauthorised payments to his employer and
shortly thereafter he did so.
[6] After the PSNI became aware of this information the applicant was the subject
of a misconduct charge under the Police Service of Northern Ireland (Conduct)
Regulations 2016 (“the 2016 Regulations”), served on 19 March 2021. The charge in
full was in the following terms:
“On or about 26 April 2016 you made a false declaration
on your Security Check and Counter Terrorist Check
Questionnaire (“the Questionnaire”). You failed at any
time thereafter to correct the falsity.
Particulars
(i) On 2 October 2011 you became an employee of
Matalan at Craigavon.
(ii) On 14 November 2012 you were in receipt of a
letter concerning disciplinary matters from the
Craigavon store manager.
(iii) On 19 February 2013 you were in receipt of a letter
concerning disciplinary matters from the same
Craigavon store manager.
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Gareth Watson and The Police Service of Northern Ireland
...J ___________ SCOFFIELD J (delivering the judgment of the court) Introduction [1] This is an appeal against a decision of Colton J ([2022] NIQB 59) by which he dismissed the appellant’s application for judicial review. The appellant was a constable in the Police Service of Northern Ireland ......