An internal inquiry into the violent conduct of some gardaí at the Reclaim the Streets rally in May is ongoing. But few of such inquiries have reached conclusions, writes Eithne Donnellan
Whenever there is public outrage or anticipated public outrage at the actions or inactions of members of the Garda Síochána, an internal inquiry is ordered.
Given the spate of recent incidents which have provoked such a public reaction, including the May Day Reclaim the Streets rally in Dublin, the number of such inquiries is growing.
Whether or not they can allay public unease at, for example, alleged Garda brutality during the May Day demonstration, will depend on how hastily they are concluded, whether they are conducted in a thorough, frank and open way, and whether the findings are published.
A number of the inquiries now under way have failed to reach speedy conclusions.
There is the inquiry ordered into the shooting dead of Det Sgt John Eiffe by a colleague in December 2001, during an attempted bank robbery at Abbeyleix, Co Laois. Nine months later, the inquiry is still ongoing.
So, too, is the inquiry ordered last January into the activities of two gardaí described by a judge as "discredited witnesses" during the trail of Colm Murphy, who was charged in connection with the Omagh bombing. Mr Justice Barr said the two, Det Garda Liam Donnelly and Det Garda John Fahy, had been involved in "persistent lying on oath" under cross-examination.
And while the findings of the inquiry into the shooting dead by gardaí of Mr John Carthy after a lengthy siege at his home in Abbeylara, Co Longford, in April 2000 was published six months after the event, it was criticised for what was seen as blackening Mr Carthy's character and allowing the gardaí involved to emerge blameless.
The first 17 pages of the report amounted to a detailed examination of Mr Carthy's character, including detailed descriptions of his medical history and treatment for depression. It also questioned the credibility of evidence given by his family and friends. However, it contained no criticism of Garda actions.
Mr Carthy had fired a number of shots from his house before emerging at the end of the siege, at which point he was shot four times by two members of the Garda Emergency Response Unit.
However, the report contained no criticism of the Garda decision to reissue Mr Carthy with his shotgun after it had been confiscated following an incident in August 1998 when he had allegedly threatened a local man after a dispute.
Neither did it find fault with the Garda for failing to provide Mr Carthy, a heavy smoker, with cigarettes during the siege.
Meanwhile, the findings of a number of other internal Garda inquiries have never been published. These include the inquiry into the charging in 1997 of Mr Dean Lyons, a homeless drug addict, with the murder of two women patients of Grangegorman psychiatric hospital in Dublin.
When interviewed, Mr Lyons had been without heroin since the previous day and a transcript of the interview showed a confused and disoriented man. He confessed to the murders.
Another man, English-born Mark Nash, admitted shortly afterwards to the murders but was never charged. Lyons remained in custody until April 1998 and died two years later.
Also never published were the findings of the lengthy Carty inquiry into alleged Garda corruption in Co Donegal.
Garda spokesman Supt John Farrelly pointed out that if an officer heading an internal inquiry detected what was suspected of being a criminal offence a file would be sent to the DPP. This meant that finalising the internal inquiry could take some time, he said.
In the cases of a number of internal Garda inquiries which are still ongoing, files were sent to the DPP. These include the internal inquiry into Garda actions before the killing of abducted Cork girl, Deirdre Crowley, by her father in August 2001; and the inquiry into the acceptance by five gardaí and a senior civilian employee in the Garda's transport section of free trips to Spain, Portugal and Italy from Advance Pitstop while it was supplying tyres for Garda patrol cars.
A file is also expected to be sent to the DPP within the next two weeks by Assistant Commissioner Tony Hickey, the officer heading the inquiry into allegations that gardaí used excessive force during clashes with protesters during the Reclaim the Streets rally earlier this summer. The file is understood to name six gardaí, and the DPP will have to decide whether some or all six should face charges.
Even if no charges are recommended by the DPP, Assistant Commissioner Hickey could, if he deemed fit, recommend in his report that individual officers be disciplined. Or he could recommend procedural changes in the way gardaí handle such demonstrations.
However, his final report is likely to be some way off, as it will not be finalised until any possible criminal aspects to the case are brought to a conclusion.
Supt Farrelly pointed out that there was always a presumption, when an internal inquiry was announced, that gardaí had done something wrong. "This is not necessarily so," he said.
Nonetheless, because internal inquiries are usually headed by senior Garda officers and represent gardaí investigating each other, they are bound to be met with suspicion by the public, no matter what their outcome.
This has obviously been recognised, albeit belatedly, by the Government, to establishing an independent Garda inspectorate.
It is proposed the inspectorate will have powers to investigate Garda actions whether or not complaints have been made against them. It will most likely be headed by a retired senior judge.
The inspectorate is also likely to have powers to visit, unannounced, any Garda station at any time and examine whether it is up to standard. It will replace the old Garda Complaints Board.
Some sectors would have preferred a police ombudsman, similar to the system in operation in Northern Ireland, but the inspectorate is at least a step forward from internal inquiries and is likely to be in place some time next year.
Given that it will have a dedicated staff, its inquiries are likely to take place more quickly.
Its deliberations are also likely to be seen as more transparent than internal Garda inquiries, perhaps putting an end to constant calls for tribunals of inquiry. Whether there will be obstacles to it publishing its findings remains to be seen.