Minister urged to intervene in Garda row
The Garda Representative Association (GRA) has dramatically accused the Garda Síochána Ombudsman Commission (GSOC) of conducting an “excessive and oppressive” investigation in a case which finished in the courts on Monday.
Garda Brendan Whitty was acquitted of serious assault charges in the Circuit Criminal Court, following an investigation by GSOC.
Gda Whitty was accused of using excessive force with his baton in arresting Keith Murphy on Thomas Street, Dublin, in September 2007.
Following his acquittal, the GRA said they have written to the Justice Minister requesting he set up an inquiry into the conduct of the GSOC investigators.
A spokeswoman for Mr Smith said the GRA letter “had been received and is being considered”.
GRA president Damien McCarthy said a garda prosecution witness had complained to the association about the behaviour of GSOC investigators.
“The issue is that one garda witness in the trial had concerns in the manner in which he was treated as a garda witness, that also involved the conduct of two members of the GSOC.”
He said there may also be a legal issues arising as to the contact between the GSOC officers and the garda.
It is understood that during the trial there was an absence of evidence from a garda witness one day and that, the following day, the evidence was given.
A GSOC spokesman rejected the accusations and denied it had exceeded its powers. He indicated the problem lay with co-operation from garda witnesses.
“GSOC did, in the course of its investigation, seek the co-operation of witnesses for the state, including Garda witnesses. GSOC would expect that such co-operation would be forthcoming, particularly from members of the Garda Síochána at all times. If such co-operation is not forthcoming, GSOC has to rely on such powers as are provided by the Garda Síochána Act 2005.”
Mr McCarthy rejected there was a lack of co-operation.
He also said gardaí needed to know they would be protected in cases where they have to make the “difficult, split-second” decision to use legitimate force.
GRA general secretary PJ Stone said it was “grossly unfair” gardaí had to pay their own legal costs where they were “acting as an agent of the state”.
He said the financial assistance from the state paid for a fraction of the real costs. He said the cost to Gda Whitty could be in the region of €50,000-plus, with assistance totalling less than €20,000, leaving the garda with a “significant financial burden,” even with help from the GRA.
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