Commissioner to get report into Sargent intervention

GARDA Commissioner Fachtna Murphy is expected to receive a report into the Trevor Sargent’s intervention in a Garda prosecution within a week.

It is not clear what will happen on receipt of the report and whether any investigation could be initiated against the former Green minister of state.

It is illegal under the law for anyone – bar certain parties – to communicate with gardaí in an effort to influence a decision to withdraw or not to initiate a prosecution.

Several senior Garda sources said it was unlikely any action would arise, particularly as the prosecution went ahead and given Mr Sargent had decided to resign.

As revealed in the Evening Herald yesterday, Mr Sargent wrote to a garda in Balbriggan Garda Station in north Dublin in June 2008 requesting him to drop a prosecution against a constituent of his.

The constituent was subsequently convicted of threatening and abusive behaviour and fined.

“I didn’t think there was anyone that foolish,” said one senior Garda source. “Whatever about writing to the superintendent, to write to the individual garda as a TD, particularly as a minister, is off the rails.”

A Garda spokesman said Commissioner Murphy had “instructed local management” to provide a report to him on the matter and that this would be due in the “near future”.

The report is expected to be on his desk within a week. It is thought unlikely it will be made public.

The request has been sent to Chief Superintendent Gerry Phillips of the Dublin Northern Region. He will request a report from Superintendent Joe Kelly of Balbriggan Garda Station.

The report is expected to contain details on the prosecution and any documents relating to it, including correspondence from Mr Sargent.

Garda management does not expect there will be any disciplinary issues arising for the prosecuting garda as the prosecution was not influenced.

It is not yet clear what, if anything, happened in relation to Mr Sargent’s intervention.

It is not certain whether the letters were forwarded to Supt Kelly with the prosecution file and if they were referred to the DPP for its consideration.

“If the superintendent felt he was interfering the prosecution, he could send it to the DPP,” said one senior officer.

It is not known if any reply was sent to Mr Sargent.