Commissioner concerned at retired judge's allegations

The Garda Commissioner has "categorically refuted" suggestions that discipline in An Garda Síochána has broken down, Conor Lally…

The Garda Commissioner has "categorically refuted" suggestions that discipline in An Garda Síochána has broken down, Conor Lally and Mark Hennessy.

Mr Noel Conroy described as "extremely serious" an allegation from a retired Circuit Court judge that gardaí had lied in his court.

Mr Anthony Murphy, told RTÉ's Prime Time: "There have been occasions when the guards have committed perjury in my court".

He added he had heard confessions which were "couched in Templemore phraseology . . . I had a simple rule about it. If there was a confession and nothing else, the man (accused) walked".

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A Garda statement issued last night said: "A former eminent judge states that members of An Garda Síochána have committed perjury in his court over the years. This is an extremely serious allegation and of concern to the Commissioner."

The statement added: "This organisation is very concerned that discipline within the ranks of this organisation would be portrayed as having broken down and we categorically refute these assertions."

A spokesman for the Minister for Justice, Mr McDowell, said legislation to create a Garda Ombudsman would be published within three weeks. The new three-strong body will be able to investigate allegations of poor conduct, corruption or other charges against gardaí.

Mr McDowell's spokesman said last night the Minister of State for European Affairs, Mr Dick Roche, contacted Mr McDowell after one of Mr Roche's constituents alleged that he had been attacked by gardaí, an incident Mr Roche described as "tantamount to torture".

Mr Michael Gaffney (18) from Bray, had come to him after having allegedly been assaulted by gardaí while in custody.

"He had injuries to his head, he had injuries to his body," Mr Roche said. "He had bruising and had a dreadfully nasty injury right under his chin". It was a "shocking example of mistreatment" and he was "sickened" and angered by Mr Gaffney's injuries.

Mr McDowell sought a report on the alleged incident from the Garda Commissioner. "He has not yet received one," a spokesman for the Minister told The Irish Times.

Last night, Mr Conroy responded saying: "These allegations were investigated by the Complaints Board, following which a file was forwarded to the Director of Public Prosecutions who directed no prosecution against any member of An Garda Síochána."

The chairman of the current Garda Complaints Board, Mr Gordon Holmes, last night told The Irish Times public confidence in the gardaí was at, or near, an all time low. While the majority of gardaí were "first class" the public perception was that officers who behaved less than honourably were not being adequately investigated and punished.

The level of complaints against members of An Garda Síochána fell to a near 10-year low last year. The Garda Síochána Complaints Board received 1,174 complaints compared with 1,405 in 2002, a record year. The level of complaints in 2003 was the lowest since 1995.