An inquiry into a case in Co. Roscommon in which assault charges against a garda's son were dropped points to an oversight on the part of gardai rather than any conspiracy or misdeed. Reports on the inquiry by the Garda, Department of Justice and by the President of the District Court are due to be laid before the Dail within the next few weeks.
Two of the reports point to an oversight by gardai around Christmas last year after the judge hearing the case asked for written submissions from the prosecuting gardai and the defence solicitor. The judge gave the direction on December 18th last year. The defending solicitor, Mr Gerry Gannon, supplied a written submission to Judge Bernard Brennan within four days of the request.
However, when the case was next called on January 15th, no submission was presented by the Garda. No proper explanation was given. The Minister for Justice, Mr O'Donoghue, directed an inquiry by a senior official in his Department. This has been completed and is expected to be laid before the Dail next week. Similar reports will also come from the Garda and from the President of the District Court.
It is understood that while the reports have failed to explain why the written submission was not forthcoming from the Garda, they find that a mistake or oversight over the Christmas period, rather than a conspiracy to pervert the course of justice, was the likely explanation for the collapse of the case. The Garda in Castlerea had pursued the case quite vigorously during 1998.
The defendant, Mr Oliver O'Regan, son of a local garda, was originally charged on March 20th last year with assault arising out of an incident outside a disco when a doorman was attacked.
The case was listed for May 18th last year when, after a submission from Mr O'Regan's solicitor that the incident was a fracas rather than a simple assault by one person, the case was struck out. The gardai reinvestigated the case during last summer and as a result of their further inquiries they were satisfied an assault did take place on the doorman and re-entered the charge against Mr O'Regan on October 16th last year.
The case was listed for December 18th, at which date Judge Brennan asked for the written submissions and set a new date of January 15th for the hearing.
When no written submission was made by the gardai, the judge struck out the charge. It is understood the reports from the court and the Department of Justice find that the gardai were informed of the January 15th hearing date in the normal fashion but, over the Christmas period, the judge's request for the written submissions appears to have been forgotten. It is not clear what response has been made by the gardai.
The Minister for Justice ordered the inquiry by his Department three weeks ago after a "contradiction" emerged in the initial report on the collapse of the case from the gardai. The gardai stated that they understood the case was due for hearing on February 21st, which was a Sunday and not a day that courts sit. The Garda was also asked for a further report which is now due to be laid before the Dail with the two other reports.