Fate of May Day gardaí to be revealed in weeks
The Garda Complaints Board (GCB) is expected to start ruling by the end of the year whether to haul gardaí through disciplinary tribunals, which can recommend penalties up to and including dismissal. The GCB is completing investigations into 18 complaints against gardaí, involving allegations of excessive use of force or removal of garda identification numbers.
A spokeswoman for the board said of the original 41 complaints made by members of the public against gardaí on duty during the Reclaim the Streets rally, 23 cases were closed.
She said these cases were closed for various reasons, including failure on the part of the complainant to follow up the original complaint or a decision by the person to withdraw it.
In other cases, the GCB decided no breach of the Garda Síochána Complaints Act had occurred.
In remaining cases, she said the board decided not to take any further action for different reasons.
"For example, where someone was beaten but it proved impossible to identify the guard," said the spokeswoman.
"It can be very difficult for the board to try and identify the guard. Attempts are made. After sufficient attempts the board makes a decision they can't take it any further."
In November 2002, the chairman of the board, Gordon Holmes, criticised gardaí on duty at the march for their failure to identify colleagues who might have been involved in conduct which would constitute a breach of discipline.
The spokeswoman confirmed 18 cases were still being investigated.
She said it was not possible to say how many gardaí were complained of, as some complaints could refer to more than one officer.
She said of the 18 complaints, six were cases where the board could not take any action pending the outcome of court proceedings.
Where gardaí have been acquitted in the criminal courts as has happened in all four cases so far adjudicated on disciplinary charges are automatically dropped.
She said in the remaining 12 cases the board is seeking further information, either from the officer investigating the complaint or some other information. The spokeswoman said these cases were being "actively dealt with" by the board.
"We do not anticipate a lengthy delay dealing with them. We hope to complete them shortly and have some progress by the end of the year."
She said the board would then decide whether or not it had enough evidence to refer the cases to a disciplinary tribunal. The tribunals which consist of two board members and a senior garda can take into account individual circumstances of the garda, including any mitigating factors.
They can decide what penalties, if any, to impose.
Penalties include a caution, reprimand, reduction in pay, reduction in rank, requirement to retire or resignation from the force or dismissal.
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