Up to 19 members of the Garda Síochána could be sacked or seriously disciplined, including Supt Kevin Lennon, following yesterday's devastating findings by the Morris tribunal, writes Mark Hennessy, Political Correspondent
In a 500-page interim report, Mr Justice Morris found that Supt Lennon and Det Garda Noel McMahon had orchestrated hoax Donegal explosive finds to boost their careers, and offered "a tissue of lies" to the tribunal.
Senior gardaí who served in Donegal in 1993 and 1994 were criticised as negligent because they failed to uncover the plot organised by the two, with the assistance of Ms Adrienne McGlinchey, who fabricated evidence.
The findings, said Mr Justice Morris, must lead to significant Garda reforms, including more hands-on control by Garda HQ, tougher discipline within the force, a new promotions structure and improved record keeping.
"Regrettably, the tribunal has sat through a year of evidence and read thousands of documents and, as a result, has come to the conclusion that An Garda Síochána is losing its character as a disciplined force."
He went on: "Ultimately, the gradual erosion of discipline within An Garda Síochána is a developing situation that will, sooner or later, lead to disaster."
The Cabinet will decide on the future of Supt Kevin Lennon in September, though criminal prosecutions are unlikely against him or anyone else for their roles in the events of the time.
However, Supt Lennon, Det McMahon and others brought before the tribunal, including Garda officers, could yet face charges for the evidence that they gave to the tribunal itself.
Describing it as one of the Garda Síochána's "darkest days", the Minister for Justice, Equality and Law Reform, Mr McDowell, said the force would come through if major reforms were implemented.
Describing the events as frightening, unprecedented, egregious and devastating, Mr McDowell said the systemic problems in the Garda management were not confined to its operations in Donegal.
In his first interim report, Mr Justice Morris, a former president of the High Court, said the Department of Justice, Equality and Law Reform "is now utterly isolated" from Garda headquarters. "The flow of information is in one direction. It goes from Garda HQ to the Department of Justice. The Minister is obliged to take everything on trust," he reported.
Urging top Garda officers to "take a more active role" in managing Garda divisions, he said: "It is impossible to offer advice, or to issue a command, in the absence of knowledge."
It was "all too easy" for Garda HQ, and regional Assistant Commissioners, "to be hoodwinked and misled" if local senior officers refused to report negligence cases.
The Donegal situation could arise elsewhere, Mr Justice Morris said, although he acknowledged that there was "unlikely to be" another individual like Ms McGlinchey, whose evidence to the tribunal he found to be unreliable.
"What has been so serious about this inquiry has been the neglect of the fundamental duty of police management to ask questions and get answers. This is shocking," Mr Justice Morris said.
Sharply criticised by the tribunal for its obstructive attitude during disciplinary hearings, the Garda Representative Association said last night the report saddened all "hard-working" members of the force but it acknowledged that the report has "serious implications".
"It would be a great pity if all members of the force were tarnished by the findings of this report. The association is confident that the force, with its long and proud history of policing on this island, will find within itself the capacity to deal with these issues," said the GRA.
Promising changes to the Garda Síochána Bill, which is in its early stages before the Oireachtas, Mr McDowell said many of the report's recommendations are already in train.
The Government will move in the coming months to establish a new Garda audit unit that will have the power to conduct random spot-checks throughout all stations.
Acknowledging that serious Garda discipline problems exist, the Minister said the present system had led to a "hedgehog culture," where gardaí refuse to co-operate with internal Garda inquiries.
However, he said this is encouraged in part by a management culture that is very stern on anyone who admitted any fault.
"The way to survive, in other words, was simply to put your head down and be unco-operative," Mr McDowell said.