Three of four garda statements requested by Charlton have been received

Three of four statements requested from senior garda officers on Wednesday evening were handed in to the Charleton tribunal, a barrister for the inquiry has said.

Tribunal barrister Diarmaid McGuinness SC said that statements from Chief Superintendent Terry McGinn, Chief Superintendent Tony McLoughlin and Superintendent Eugene McGovern were received by the inquiry on Thursday morning.

A fourth officer, retired assistant commissioner Kieran Kenny, was "on the far side of the world" and unable to provide a statement at this time, the barrister said.

Peter Charleton

The tribunal asked for the statements after it heard about handwritten notes taken by Chief Superintendent McGinn at a garda conference in Letterkenny station on October 8, 2013.

Tribunal chairman, Mr Justice Peter Charleton, wanted to know what knowledge each of the officers had about the meeting, which took place two days after a statement of complaint was made by Marisa Simms, the partner of whistleblower Garda Keith Harrison.

Mr McGuinness said that he understood Mr Kenny had no recollection of the events, but was not in a position to check his papers until he returned to Ireland.

Mr McGuinness said that Chief Supt McGinn's handwritten notes were handed in to Garda HQ several months ago, but had not been forwarded to the tribunal.

The tribunal barrister said that when Garda HQ was reviewing documents relevant to the tribunal, on its face it appeared that the note did not refer to Tusla or HSE, and so it was not forwarded to the tribunal.

In the current module, the tribunal is looking at contacts between gardaí and the HSE/Tusla relating to Garda Harrison.

Mícheál P O'Higgins SC said that he regretted the error in documentation provided to the inquiry, and Garda HQ were reviewing their processes to ensure such an error did not occur again in the future, and there was "no question of concealment or anything like that."

"As I said yesterday I am going to go for the chaos theory before the conspiracy theory," Mr Justice Charleton said. He said tribunals were often "inundated with documents".

Supt Eugene McGovern, cross-examined by Mark Harty SC on behalf of Garda Harrison, said a decision was made to refer Ms Simms' complaint to the Garda Siochana Ombudsman commission (GSOC) under Section 102 of the Garda Siochana Act.

Section 102 allows for a referral to GSOC where a Garda has caused death or serious harm to another person.

Mr Harty said that distress was not covered by the definition of serious harm, and asked if Donegal gardaí would bring charges of assault causing serious harm where no physical injury occurred.

Supt McGovern said that a decision on what charges to bring would be a question for the DPP and he could not decide on hypothetical cases.

He said that gardaí were happy that there was a "substantial risk of death to Ms Simms."

Mr Harty said that nobody had given crime prevention advice to Ms Simms, and that if an officer of the calibre of the witness believed there was a serious threat, he would have done something about it.

"We did. The matter was referred to the garda ombudsman," Supt McGovern said.

Mr Harty said the Garda Ombudsman had no powers of arrest or crime prevention powers.

Mr Harty said that in a letter on October 21, Chief Supt Tony McLaughlin in Garda HQ wrote asking why officers in Donegal felt a Section 102 referral to GSOC was appropriate.

The letter stated that the appropriate action would appear to be "for the member concerned to be confined on indoor duties."

In reply, Chief Supt McGinn stated that threats made by Garda Harrison, as outlined in her statement by Ms Simms, constituted "a substantial risk of death".

Supt McGovern said that a referral to the HSE was based on the contents of the statement by Ms Simms, and he was more than satisfied that it was a proper referral to the HSE.

The superintendent said that Ms Simms made her statement voluntarily, and "nobody twisted her arm." Ms Simms later withdrew her statement.

Related Articles

Garda Keith Harrison 'disappointed' but not surprised at Disclosures Tribunal conclusion

Sinn Fein motion to widen terms of Reference of Disclosures Tribunal rejected

Absence of records on whistleblower Maurice McCabe looked like cover-up, Charleton tribunal hears

Charleton tribunal hears of threats made against the life of Garda whistleblower Keith Harrison

More in this Section

Teacher dismissed due to allegations by students can continue to look for teaching jobs, court rules

Jury retires for weekend after failing to reach verdict in Dublin stairwell stabbing murder trial

Taoiseach: My position on abortion 'has evolved over time'

Teen on last chance to avoid another spell in custody after youths cause €6,000 worth of damage at Oberstown

Today's Stories

‘Electrical appliances a fire risk when you’re out of house’, says senior fireman

Defilement left vulnerable teenager ‘in a very dark place’

Minister Eoghan Murphy supports Eighth Amendment reforms

Protest over guesthouse use as asylum centre


Review: N.E.R.D - No One Ever Really Dies: Their finest album to date

Everyone's mad at Google - Sundar Pichai has to fix it

Scenes from the analogue city - Memories of Limerick from the late 80s and early 90s

Ask Audrey: 'I heard that Viagra fumes from Pfizer’s were causing stiffys below in Ringaskiddy'

More From The Irish Examiner