GRIEVANCES LODGED WITH GARDA SÍOCHÁNA OMBUDSMAN COMMISSION LAST YEAR:SOME 2,097 complaints against gardaí were made by members of the public to the Garda Síochána Ombudsman Commission (GSOC) last year, according to the body's latest figures.
The commission yesterday published its annual report for 2009, the second full calendar year of its operations.
Of the allegations received, 26 per cent related to alleged abuse of authority, 25 per cent to neglect of duty, 18 per cent to discourtesy and 15 per cent to assault.
The commission said this did not represent a major change from the previous year.
A total of 104 referrals were received from the Garda Commissioner in cases where he formed the view that the conduct of a member of the Garda could have resulted in the death of, or serious harm to, a person.
Of the 104 referrals received, 16 involved fatalities. Six occurred as a result of road traffic incidents and there was one death in Garda custody. Eight referrals related to custody or contact with gardaí.
Road traffic incidents resulted in 51 per cent of the referrals. Garda pursuit, observation or attempt to stop a vehicle driven by a member of the public was a factor in 35 per cent of referrals, the commission said.
A total of 146 gardaí were disciplined and one was convicted before the courts during 2009. The conviction arose as a result of an assault in Cork, to which the garda pleaded guilty. In addition, the commission opened two investigations into matters it considered to be in the public interest.
These were an investigation into alleged Garda misconduct during the arrest of a juvenile in the Cavan/Monaghan division in early 2009, and an inquiry arising from concerns raised by a judge about the quality of Garda evidence during a criminal trial.
Some 39 per cent of complaints related to Garda searches of members of the public in their homes, on the street or in their vehicles.
A total of 17 per cent of complaints related to Garda conduct during an arrest, and 6 per cent to conduct during a public event. Other circumstances leading to complaints included domestic incidents, and where people were held in Garda custody.
A total of 1,178 allegations were closed as “inadmissible” last year. Reasons for inadmissibility included “frivolous or vexatious” complaints, or complaints about matters which, if substantiated, would not constitute misbehaviour.
Speaking at the publication of the report in Dublin, GSOC chairman Dermot Gallagher said dialogue between the commission and the Garda Síochána had developed into a “productive pattern”.
“While GSOC continues to discharge its duties fully and impartially under the Act, there is an enhanced understanding among gardaí of its role arising from experience, regular dialogue at senior levels and ongoing provision of feedback to the gardaí by GSOC.”
Commissioner Carmel Foley noted a 17 percentage point increase in public confidence in the impartiality and fairness of the commission, based on an independent survey carried out this year. Some 79 per cent of those questioned expressed such confidence in the body, compared to 62 per cent in 2008.
Commissioner Conor Brady said the commission had sought some amendments to the Garda Síochána Act 2005. It was discussing potential changes with An Garda Síochána to see whether an agreed approach could be presented to the Minister for Justice.
“While the Act is generally fit for purpose and the progress to date shows this, there are some areas which we consider could benefit from refinement,” Mr Brady said. The commission was looking at reworking provisions of the Act to see whether it could make informal resolution of some complaints a more attractive option for some people, he said.
The commission’s report noted the “serious challenge” presented by the “unpredictable budgetary environment” last year.
Allegations complaints: by the numbers
Total allegations received in 2009:3,509
Complaints on hand at end of 2008:2,028
Complaints received in 2009:2,097
Closed in 2009:2,905
On hand at December 31st, 2009:1,220
The difference between the number of complaints and the number of allegations received is explained by the fact that a complaint may contain several allegations of misconduct against a garda.
It also arises when a complaint refers to more than one garda.
Allegations
Abuse of authority:26 per cent
Neglect of duty:25 per cent
Discourtesy:18 per cent
Non-fatal offences against the person (assault):15 per cent
Falsehood or prevarication:2 per cent
Corrupt or improper action:2 per cent
Other:12 per cent
Allegations per Garda Division in Dublin Metropolitan Region (DMR)
DMR North, DMR North Central, DMR South:121-180 allegations
DMR West:181-240 allegations
DMR East:61-120 allegations
DMR South Central:241-300 allegations
Rest of country:
0-60 allegations:Roscommon/Longford, Westmeath, Kildare, Waterford, Cork North, Cork West
61-120 allegations: Donegal, Sligo/Leitrim, Cavan/Monaghan, Mayo, Louth, Laois/Offaly, Wicklow, Clare, Tipperary, Kilkenny/Carlow, Wexford, Kerry, Cork City
121-180 allegations:Meath, Galway, Limerick