A garda who denied raping a sex worker shortly after he arrested the young woman has been sanctioned by Garda authorities.
The Garda Síochána Ombudsman Commission investigated the case after receiving a complaint of an alleged rape from a sex worker and a second woman who said she witnessed the act.
In a statement, the sex worker said she felt compelled to have intercourse with the garda because he was involved in a prosecution which led to her conviction for an offence and she feared further prosecution.
She said the garda returned to her place of work some time after her arrest where he raped her.
The garda denied this and said they had consensual sex and that he was off-duty at the time.
Evidence cited in a short summary of the case published by the Garda Síochána Ombudsman Commission shows the garda had been involved in the prosecution of both women.
Records of the garda’s hours of duty, however, were “contradictory”. As a result, the report states that it was unclear whether he was on or off-duty at the time of the act.
The ombudsman said a report summarising the findings of its investigation was issued to Garda authorities. They found a breach of discipline had occurred and a sanction was applied.
It also said it prepared a file on the incident for the Director of Public Prosecutions, who did not direct any criminal charge.
Abuse of authority
Subsequent to this, a senior investigating officer examined the case to determine if there was any possible abuse of authority, corrupt or improper practice and discreditable conduct.
In separate cases published on the ombudsman’s website in recent days, two investigations into alleged assaults by gardaí were found to lack supporting evidence.
In the first case, a woman alleged she was pepper-sprayed in a Garda car without justification following her arrest, on foot of a physical altercation with her boyfriend on the street. She also alleged she was subsequently denied water and medical attention at a Garda station.
No witnesses
The ombudsman took a detailed statement from the woman who indicated there were no witnesses to her complaint.
A witness was later identified who had spent the evening in the company of the woman, but the person failed to co-operate with the investigation.
Garda documentary evidence later found she had been offered water and there was no evidence she requested medical attention. No further investigation was deemed necessary.
In the second case, a man claimed he was assaulted by a garda in a squad car following a separate public order incident.
The Garda Ombudsman attempted to obtain a statement of complaint from the complainant, but he did not co-operate with the investigation. It was unable to identify any evidence to corroborate his allegations.
The investigation was discontinued on the basis that further investigation was not necessary.
