The new Garda Ombudsman Commission is to begin investigating complaints, including those against Garda members, from the second week in May.
The Irish Timeshas learned that the commission will investigate the circumstances surrounding a traffic collision in Lucan, Dublin, a fortnight ago in which Clondalkin man Derek O'Toole (24) was fatally struck by a car driven by an off-duty garda.
The dead man was lying in the road when he was struck. The garda was well below the legal blood-alcohol limit and has no criminal case to answer.
However, informed sources said the commission believes the interests of the victim's family, the garda who struck Mr O'Toole and the public interest would best be served by investigating the exact circumstances around the fatal collision.
One element of the investigation will focus on how some media reports claimed Mr O'Toole was known to gardaí despite the fact he had never been involved in any form of criminality.
The Ombudsman Commission was to due to start work before the end of this month but minor start-up delays have resulted in that launch date being pushed back until May 9th.
From that day it will assume the work currently being done by the Garda Complaints Board. The commission will take on between 50 and 100 complaints from the Garda Complaints Board.
These have been lodged with that body in recent months but no substantive investigation of any of them was begun pending the commission's introduction.
Unlike the complaints board, the commission will have its own investigators and will not be forced to use members of the force to investigate others.
The commission will have the power to detain, question, search, arrest and take evidential samples from suspects. It will also have the power to search Garda stations, seize vehicles, firearms and other items.
If it finds evidence of an offence it will submit a file to the DPP, who will decide if a prosecution should take place.
The commission's senior officials are currently finalising a number of protocols that will give effect to its wide-ranging investigative powers.
These include agreements with the State forensic laboratory, State Pathologist's office and the Garda Inspectorate.
Other protocols cover the manner in which joint investigations will be conducted, the sharing of intelligence, detention facilities and the treatment of persons it takes into custody.
Draft guidelines are also currently being drawn up for mediation and the informal resolution of minor complaints.
The commission will investigate all complaints made by members of the public against gardaí. It will also have the power to probe Garda matters which it deems to be in the public interest even if a complaint has not been made.
It will have the power to investigate events in the past once it suspects a criminal offence has been committed or if death or serious injury was involved.
The chairman of the three-person commission is Mr Justice Kevin Haugh. The other commissioners are Carmel Foley, former director of consumer affairs, and Conor Brady, former editor of The Irish Times.
Former UK police officer Paul Buschini, who served at detective superintendent rank with Lancashire Constabulary, has been appointed as director of investigations.
Around 25 staff, including the investigators who will probe complaints, have been undergoing training at the University of Portsmouth. The commission will initially have a staff of one hundred. It will have officers in Abbey Street, Dublin, and in Roscrea, Co Tipperary, and Longford.
