Reports to Garda complaint body up 10%

A RECORD number of complaints were received by the Garda Síochána Complaints Board last year largely due to alleged brutality by officers during riots at the “Reclaim the Streets” rally on Dublin’s Dame Street.

A total of 1,405 complaints were made to the board last year, including 41 relating to the Mayday protests an increase of almost 10% on the number of complaints in 2001.

The board also decided there was no breach of discipline by officers in 413 out of 444 complaints it ruled on last year. Just over half of all complaints (706) were deemed inadmissible.

A total of 143 complaints were referred to the DPP who decided to instigate prosecutions against nine members of the gardaí seven of whom were involved in claims they used excessive force during the Reclaim the Streets march.

In its annual report published yesterday, the board's chairman, solicitor Gordon Holmes, said it had utilised a piece of legislation for the first time to appoint a special investigator to examine the controversy because it had become a matter of public concern.

Members of the force were widely criticised after none of the gardaí involved in policing the march were able to identify colleagues involved in alleged assaults on demonstrators.

Although Mr Holmes made no reference to this fact, he claimed the Board's "firm action" on the issue had restored a good deal of confidence in its work. He suggested the fact that the board had received a record number of complaints in 2002 provided further evidence of public confidence.

As several gardaí are facing prosecution in relation to the matter, Mr Holmes said it would be improper to comment further.

In a strongly-worded statement, he also criticised existing legislation and a general lack of resources which had impeded the board from carrying out its statutory role in recent years.

"In particular, its total failure to give the Board the necessary powers with which to investigate matters and follow up those investigations, has prevented the Board from being a more effective body," said Mr Holmes.

But he welcomed the fact that, following years of complaints, the board had received increased resources in 2002. He also expressed support for plans by the Justice Minister Michael McDowell to bring forward legislation to replace the existing board with a Garda Inspectorate.

He admitted the board's present structure, which necessitates it having to request the Garda Commissioner to appoint an investigating officer to every case, was unsatisfactory. He also pointed out that under current legislation, a member of the Board can effectively sit in judgement of another member if it is examining a complaint of delay in investigating a case.

"A totally independent tribunal system is obviously vital," said Mr Holmes. He claimed one of the most important steps needed to improve the existing system would be a requirement that gardaí be compelled to answer questions for the purpose of any investigation.

The Irish Council for Civil Liberties also welcomed the board's recognition of its own inadequacies.

"The statistics of the board reflect why the public has so little confidence in achieving anything by making a complaint to the board," said ICCL director, Aisling Reidy.

Labour justice spokesperson, Joe Costello said the board's report combined with the fact that more than 6m had been paid out in compensation to complainants highlighted the urgent need for the Government to appoint a Garda Ombudsman.