Acquitted gardaí may face fresh action
Commissioner Martin Callinan has received a report from the Garda Síochána Ombudsman Commission (GSOC) into issues arising out of its investigation.
The four gardaí were cleared on July 29 of 15 counts of assault, false imprisonment, trespass and forcible entry after a five-week trial in the Dublin Circuit Criminal Court.
Garda Alan Conlon, Garda Eoin Murtagh, Garda Claire Delaney and Garda Seán O’Leary pleaded not guilty to forcing entry at a flat on Basin Street, in Dublin’s south inner city, on February 17, 2008, trespassing and assaulting Owen Gaffney, now 21.
The four gardaí, who were on suspension since shortly after the incident, have returned to duty. Three of them are serving in Dublin divisions outside the south inner city, while a fourth has been assigned to a division outside Dublin.
The prosecution was brought by the DPP on foot of an investigation conducted by GSOC.
Following the outcome of the trial, the ombudsman has completed a report detailing issues arising out of its investigation.
These issues do not relate to any of the charges brought against the gardaí. Under the double-jeopardy rule, the gardaí cannot be tried again in relation to any matter which has already been adjudicated on by the courts.
The Irish Examiner understands the issues relate to more “disciplinary-type” matters.
It is understood the GSOC report does contain recommendations, but it is not known what they are. The report has extended its scope beyond the four gardaí to include other members.
The report is not a report compiled as a result of a disciplinary inquiry, but a “progress and results” report of their investigation, as specified under provisions of the Garda Síochána Act 2005.
A spokesman for GSOC said: “We have sent a report in line with section 103 of the Garda Síochána Act to the Garda Commissioner.”
The report landed on the commissioner’s desk last Friday week.
A spokesman for the commissioner confirmed he had received the report and was examining it.
“We can confirm that the commissioner is considering the report submitted to us by the Garda Síochána Ombudsman Commission.”
