Gardaí could face criminal prosecution and dismissal from force

Dan Buckley

While Justice Morris did not make a specific finding of criminal behaviour by senior gardaí, his trenchant criticism of their activities will weigh heavily with the Director of Public Prosecutions (DPP) in deciding whether to institute criminal proceedings.

Mr Justice Morris strongly criticised at least 10 gardaí in the report into the death of Donegal cattle dealer Richie Barron, singling out Chief Superintendent Denis Fitzpatrick, Superintendent John Fitzgerald, Detective Superintendent Joseph Shelly and Superintendent John McGinley for particular blame. "The response of Supt Fitzgerald and Chief Supt Fitzpatrick to these

appalling lapses was shockingly inadequate and dilatory," he said. "They took no disciplinary actions against any of those responsible. The matter was swept under the carpet."

Whether sweeping something under the carpet amounts to an attempt to hide evidence of criminal activity by others will be a matter for the DPP, who is examining the report.

The most damning criticism is levelled at Chief Supt Denis Fitzpatrick, Supt Joseph Shelly and Supt John McGinley. Mr Justice Morris said: "The tribunal holds back from making a finding that these three officers conspired with each other to [destroy notes and]

ensure that the Carty investigation team ... was obstructed in its task."

The DPP might conclude that their activities warrant a criminal prosecution for

alleged conspiracy to destroy evidence or pervert the course of justice, both offences punishable by jail. In deciding this point, he will be certain to take into account Mr Justice Morris's view, particularly in view of the fact that the material was the property of the Garda Commissioner.

"The tribunal regards the destruction of this important material as scandalous," said Mr Justice Morris.

The tribunal found that three garda officers from Lifford delayed their arrival at the scene of Mr Barron's death in order to have a meal break.

"They did nothing to investigate the crime against Mr Barron. They failed to preserve the scene, they failed to carry out any worthwhile investigations." In this case, however, garda disciplinary proceedings are the only likely sanction as there is no concept of criminal negligence in Irish law. The failure of some members of the Garda Síochána to account for their actions resulted in the internal Carty Report failing to uncover the truth. This refusal to co-operate was also evident during the tribunal, which noted: "It is clear that members of An Garda Síochána adopted a thoroughly unco-operative manner with my investigators."

If that lack of co-operation went as far as lying or making false statements to the tribunal, those involved could find themselves charged with perjury.

However, according to legal experts, the most likely scenario is that they will be subject to garda disciplinary proceedings for bringing the force into disrepute. The only sanctions that can be imposed in such a finding by a disciplinary hearing are dismissal, reduction in rank and a fine of two weeks' salary.