The High Court has struck out a challenge brought by a Garda over a decision to reopen a disciplinary complaint against him. It is in connection with an investigation involving convicted murderer Jerry McGrath.
Garda Pádraig McEvoy, of Ballyconnell in Co Cavan, sought to quash a decision of the Garda Síochána Ombudsman Commission (Gsoc) over what he said was a reinvestigation of a complaint by taxi driver Mary Lynch.
He said Gsoc had discontinued its investigation into that complaint in October 2011.
Ms Lynch was attacked by McGrath as she drove her cab in Virginia, Co Cavan, just a few months before he killed Sylvia Roche Kelly (33) in a hotel in Limerick in December 2007.
Garda McEvoy was involved in investigating the attack on Ms Lynch. In April 2011, she complained to Gsoc about the conduct of the Garda investigation into the attack. Ms Roche Kelly’s widower, Lorcan Roche Kelly, also made a complaint.
Garda McEvoy claimed Gsoc acted in breach of natural and constitutional justice by re-opening an investigation into a complaint that has already been investigated. He also alleged Gsoc was guilty of inordinate and inexcusable delay in notifying him of it.
Discipline
After submitting a full written defence to the alleged breaches, Gsoc notified him in October 2011 the matter had been discontinued. The reason for this, he said, was Gsoc had failed to give consideration as to whether the time limit for extending the complaint should be extended. He received a caution in May 2012 from a Garda superintendent.
The complaint made by Mr Roche Kelly continued to be investigated and he was cleared of any breach of discipline in regard to this complaint, he said. However, Ms Lynch made a further complaint and Gsoc notified of this almost a year later.
She now alleged certain gardaí at Bailieboro station lied to cover up mistakes made in the investigation which arose out of revelations from Sgt Maurice McCabe, who was also attached to the station.
Rejecting Garda McEvoy’s challenge to the investigation of the second complaint, Mr Justice Max Barrett said last month the first complaint related to a different allegation against Garda McEvoy and had not gone ahead for procedural reasons. There was nothing in this which would allow the court to find it could not proceed on the basis it had been previously dealt with, he said.
Garda McEvoy could not have had any legitimate expectation, following closure of the first complaint, that there would be no investigation of a different complaint on new evidence, even if it arose from “overlapping factual matrices”, the judge said.
The judge said gardaí enjoyed esteem in communities around the country but respect is only properly sustainable so long as admissible public complaints are duly investigated.
While this was undoubtedly difficult for gardaí, it was “a necessary price for the great power they have been entrusted”, he said.
The judge said he would not grant any of the reliefs sought by Garda McEvoy at this time.