Internal Garda inquiries: the progress so far

A progress report on major internal Garda inquiries including the Colm Murphy case and Garda corruption in Donegal.

A progress report on major internal Garda inquiries including the Colm Murphy case and Garda corruption in Donegal.

May Day demonstration in Dublin: An internal Garda investigation was ordered into allegations that members of the Garda used excessive force during clashes with protesters during the May Day rally. Twenty-four civilians were arrested, 18 of them charged with offences including assault and breaches of public order. However, video footage and press photographs showed gardaí using batons and one garda was seen dragging a blood-spattered man along the ground.

The then minister for justice, Mr O'Donoghue, ordered a full report into claims the Garda acted with excessive force. As it got under way, the Garda announced that a member of the force from a north inner-city station had been reassigned to indoor duties.

The inquiry is being headed by Assistant Commissioner Tony Hickey, who is commander of the Dublin Metropolitan Region. His report is nearing completion and a file, mentioning the names of six gardaí, is expected to be sent to the DPP within the next two weeks.

READ MORE

The Garda Complaints Board also appointed retired assistant commissioner Jim McHugh as "independent" inspector of 41 May Day complaints.

The Colm Murphy case: The Garda Commissioner, Mr Pat Byrne, set up an inquiry into the activities of two gardaí investigating Colm Murphy, who was charged in connection with the Omagh bombing, after they were described during Murphy's trial as "discredited witnesses".

The evidence of the two, Det Garda Liam Donnelly and Det Garda John Fahy, was ruled as inadmissible and Mr Justice Barr described their conduct as "outrageous", saying they had been involved in "persistent lying on oath" under cross-examination.

The inquiry was announced in January last and is still ongoing.

Abbeyleix shooting: On December 8th, 2001, a member of the Garda, Det Sgt John Eiffe, was accidentally shot dead by a colleague during an attempted bank robbery at Abbeyleix, Co Laois.

Det Sgt Eiffe, a member of the Garda National Surveillance Unit, was in the area along with a team from the Emergency Response Unit to track a gang suspected of involvement in a bank robbery. When the gang tried to flee at least five shots were fired, all from Garda weaponry. The Garda Commissioner ordered an internal investigation, headed by Assistant Commissioner Dick Kelly.

Four people have been charged in connection with the attempted robbery. They are due in court again on October 15th. The internal inquiry is ongoing.

Garda attack on sisters: Two sisters who claimed they were subjected to a vicious and unprovoked assault by gardaí on Dublin's Grafton Street received an apology and undisclosed damages at the High Court last month. The women, Ms Gráinne and Ciara Walsh, said the incident occurred in April 1998 as they sought to prevent an unmarked Garda car reversing into them.

They claimed they were thrown into the back of a Garda van, assaulted, brought to a Garda station and detained in cells before being released without charge. They alleged that the gardaí then brought a malicious prosecution against them, which was subsequently dismissed by the District Court. The Garda announced an internal inquiry, which is still ongoing, to establish "the full sequence of events".

Advance Pitstop: In February 2001 it was reported by the Sunday Business Post that five gardaí and a senior civilian employee in the Garda Transport Section accepted free trips to Spain, Portugal, Italy and the UK from Advance Pitstop, which supplied the Garda with tyres.

An inquiry was ordered into the "procedural aspects" of gardaí and officials accepting such trips. This was headed by Chief Supt Michael McCarthy of the Garda National Traffic Police Bureau.

A Garda spokesman said a file had been sent to the DPP some time ago but "full directions" from the DPP hadn't been received. However, on the basis of initial instructions, three people, including a sergeant, were questioned.

The then minister for justice, Mr O'Donoghue, ordered a separate inquiry and the secretary-general of the Department of Justice, Mr Tim Dalton, told the Dáil Public Accounts Committee that it was unacceptable for public servants to accept gifts of this kind.

A report from the Comptroller & Auditor General also found the Garda overpaid by an estimated €228,552 for tyres and €35,553 for extras, such as valves, in the period 1998 to 2000.

Death of Deirdre Crowley: In August 2001, a two-year search for an abducted Cork child, Deirdre Crowley, ended in tragedy after the six-year-old and her father were discovered shot dead in a house in Clonmel, Co Tipperary.

Gardaí had become suspicious of the male occupant of the house, Mr Christopher Crowley, while carrying out inquiries. They left the house to make further inquiries and returned to find the bodies of the man and his daughter.

The Garda Commissioner ordered an internal inquiry into Garda actions preceding the killing of the child. He appointed Det Supt Martin Callinan to carry out the investigation, and a file was sent to the DPP. A woman has been charged in connection with the abduction. She was remanded on bail and is due in court tomorrow.

Abbeylara incident: In April 2000, Mr John Carthy (27), from Abbeylara, Co Longford, was shot dead by gardaí at the end of a lengthy siege at his home. Mr Carthy had fired a number of shots from the house before emerging with his gun. An inquest into his death heard he was shot four times by two members of the Garda Emergency Response Unit.

Chief Supt Adrian Culligan was appointed to head the internal Garda investigation. His report was published in October 2000, and contained no criticism of Garda actions.

An Oireachtas sub-committee inquiry was later scuppered after the Supreme Court ruled it had no powers to conduct an inquiry capable of leading to findings of fact adverse to the good names and livelihoods of citizens. However, a tribunal of inquiry, headed by Mr Justice Barr, will now be held.

Garda corruption in Donegal: In 1999 Assistant Commissioner Kevin Carty was appointed to conduct an inquiry into allegations of corruption by gardaí in Co Donegal.

A major strand of his investigation centred on allegations that some gardaí were dividing up caches of IRA explosives only to plant them subsequently, find them again and claim credit.

Another strand focused on the death of Raphoe cattle dealer Mr Richard Barron, killed while walking home in October 1996. The scene was not preserved but a murder inquiry was opened and among those questioned were family members of local publican and night-club owner Mr Frank McBrearty. The McBreartys claimed they were harassed by gardaí and had more than 150 summonses issued against them. The charges were dropped in 2000, without explanation by the DPP.

Asssistant Commissioner Carty also investigated the case of Mr Frank Shortt, who served three years after being convicted in 1995 of allowing his Donegal night-club to be used for the sale of drugs. Mr Shortt alleged that gardaí planted the drugs. His conviction was quashed and the Court of Criminal Appeal recently ruled that he had suffered a miscarriage of justice. Three gardaí were suspended in August and a criminal investigation got under way. The suspended members included Supt Kevin Lennon, Det Garda Noel McMahon and Garda Tina Fowley. Garda Fowley has been granted leave by the High Court to challenge her suspension.

It was announced in July 2000 that the Garda Commissioner had studied the Carty report and would send it to the DPP. The Commissioner also announced the transfer of five gardaí in Donegal to locations outside the county, but said this should not be regarded as an indication of wrongdoing.

The inquiry has led to five civilians being charged with giving false information and a Garda sergeant being charged with unlawful possession of a firearm.