‘Rape tape’ was altered, says report

A RECORDING examined as part of an investigation into allegations of inappropriate Garda behaviour during a Shell to Sea protest was tampered with before being handed to the Garda Ombudsman Commission, a report has found.

The recording, on which gardaí were alleged to have joked about raping two women arrested during the protest, was modified on four occasions on the eve of its confiscation, according to an interim report compiled by the commission.

The alterations included the deletion of six files overnight between April 13 and 14. Other files were created and overwritten on four occasions between 2.45am and 7.14am, the report said.

The women’s allegations of sexually offensive garda behaviour prompted an investigation by the Garda ombudsman and forced an apology early this year from the Garda commissioner for comments made.

The report, published yesterday by Justice Minister Alan Shatter, found no evidence of a criminal offence having been committed by any of the five gardaí heard on the so-called “rape tape” and while it warned that “disciplinary issues may arise” in the case of a garda and a sergeant, there was “no evidence of any breach of discipline by the three other gardaí”.

It also criticised the level of co-operation provided to the investigation by a number of persons, “including some individuals associated through academic links with the two women” and said this “obstruction” of the commission would require further investigation.

Mr Shatter said that given the report had not ruled out disciplinary action, and given that it was still deliberating on issues relating to obstruction of GSOC officers, “it would not be right for me to make any further comment at this time”.

However, he had earlier said that he understood there had been “an unfortunate lack of co-operation on the part of one of the people who made allegations and the commission expressed concern that material given to them to substantiate the allegations made was actually tampered with”.

Shell to Sea, which opposes the Corrib gas project and supports the women, said it does not accept the recording was tampered with.

Shell To Sea said GSOC had received all recordings made on the day, but confirmed that university research data recorded some weeks earlier had been deleted, in line with policy.

The report said the woman who had not co-operated was overseas. The second woman attended for interview and has lodged a separate complaint concerning Garda conduct, aspects of which are under investigation.

The comments that led to the investigation were made during a conversation between five on-duty gardaí in a marked Garda vehicle on March 31. The five had been involved in the arrest of the two women — one of whom later identified herself as Jerrie Ann Sullivan, a postgraduate student from Dublin.

Their conversation was captured on a pocket camcorder seized from one of the women by gardaí during their arrest.

A garda had put it in his pocket, not realising it was still recording.

It was two weeks before the recording was retrieved by the Garda Ombudsman.