A garda against whom complaints were made has brought High Court proceedings to stop the Garda Complaints Board from taking further steps against him.
Garda Donal Corcoran, Clonee, Co Dublin, in an affidavit said that a complaint had been made about him concerning an alleged breach of discipline in the performance of his duty on May 6th, 2002, at the "Reclaim the Streets" anti-globalisation protest in Dublin.
He said there had been considerable media interest and a public debate concerning the policing of this demonstration. Most of the television, radio and printed media coverage had been highly critical of the gardaí present.
The board in response to Garda Corcoran's complaints had said that, on May 13th, 2002, after "careful consideration" and with regard to the public interest, the number of complaints, the widespread publicity and the need for transparency, it had requested its chief executive to investigate.
A former assistant commissioner, Mr James McHugh, carried out a thorough investigation with a team of former gardaí who had extensive investigative experience, it was said.
The board claimed that identification of certain gardaí on video was difficult because some were not wearing official identification. Senior gardaí helped to provide identification.
Mr McHugh established that there were five complaints against Garda Corcoran, four of which alleged assault. The fifth alleged assault and the non-wearing of identification. Garda Corcoran was asked for but did not provide a written statement.
Following receipt of Mr McHugh's report, the board decided on October 10th, 2002, that a number of complaints might constitute criminal offences and referred the matter to the Director of Public Prosecutions. The DPP told the board in November 2002 that he proposed to institute criminal proceedings on indictment against Garda Corcoran.
On four of the assault complaints against Garda Corcoran, the board decided on November 18th, 2002, to postpone further action pending the final outcome of criminal proceedings. It further decided that the fifth complaint should be referred to a tribunal but has since postponed the hearing until High Court proceedings have been determined.
Garda Corcoran, attached to Mountjoy Garda station, said in his affidavit that Mr Gordon Holmes, chairman of the board had on November 18th, 2002, taken an "unprecedented step" and called a press conference during which he spoke about the state of the evidence compiled by the investigator and "in particular, difficulties which were being experienced".
During the conference it was mentioned that 150 gardaí had been circulated by the investigator about identification issues. Mr Holmes "complained bitterly" about the lack of co-operation received.
Garda Corcoran produced a transcript of an RTÉ interview with Mr Holmes where he said he believed Mr Holmes had compromised the process by speaking publicly and criticising gardaí under suspicion and by criticising the veracity of the involvement of potential witnesses.
In its statement the board said it had received a substantial number of complaints which fell into two categories - that individuals had abused their authority by using excessive force and that members failed to identify themselves or were not wearing official identification.
Mr Holmes held a press conference because the board considered that, given the level of public interest, it was reasonable and appropriate for it to indicate the progress which had been made in dealing with the complaints.