Gardaí criticised for delaying abuse complaint probes

THE Garda Complaints Board (GCB) yesterday strongly criticised gardaí for using the system to avoid answering serious complaints of abuse.

Publishing its annual report, the GCB said many gardaí delayed inquiries as long as they could — often by court challenges — to reach retirement age, at which stage they could not be touched by the board.

Justice Minister Michael McDowell indicated at the launch that he would be introducing measures in the coming weeks aimed at reducing the gardaí’s ability to delay proceedings through judicial reviews in the courts.

GCB chairman Gordon Holmes said they had “no authority” once a garda had retired.

“Members of the garda subject to an inquiry seek to adjourn the hearings as long as they possibly could, and when retirement came up, that was the end of matter.”

The 2005 annual report shows three of the 25 gardaí investigated for serious complaints last year escaped tribunal because they had retired.

Mr Holmes said it was wrong that gardaí such as these could retire on a State pension.

He said the Garda Ombudsman Commission, which would soon replace the GCB, would not be hindered in this way.

He said gardaí were taking judicial reviews, often funded by the representative associations, and this forced complainants to wait until the end of a long legal process before the tribunal could sit.

The board was facing eight judicial reviews at the end of 2005.

Mr McDowell said he would be publishing provisions in a few weeks on “the whole issue of judicial review and delay” in relation to garda disciplinary matters and complaints against An Garda Síochána.

Mr Holmes said the board had drawn up a set of guidelines with Garda Commissioner Noel Conroy following a well-publicised case in 2004 when a statement from deputy (now minister) Dick Roche in relation to an alleged assault on youth Michael Gaffney was not included in a police investigation file sent to the GCB.

“I was extremely upset and cross at this, and I was given an assurance by the commissioner it would not be repeated,” said Mr Holmes.

“We had unfortunately, during the year, a case in which we felt it was being repeated. It was unsatisfactory and I hope it never arises again.”

Mr Holmes said there was “no evidence” that licensing laws were being enforced by the gardaí, particularly in relation to the sale of alcohol to young people.

Mr McDowell said there was evidence to show that the laws were being enforced in some areas, but not in others. He reminded publicans that it was now a criminal offence to allow people drink to excess on their premises.

The minister said he would be going to the High Court for directions in relation to certain parts of three reports sent to him by the Morris Tribunal, investigating abuses in Donegal. But he said much of the reports would be published.