‘No excuse’ for garda killer transfer, says prison boss

Prison chief Michael Donnellan apologised “completely and unreservedly” yesterday for the decision to transfer garda killer Martin McDermott from a closed jail to an open prison.

Mr Donnellan said there was “no excuse” as to how an official sanctioned the transfer to Loughan House in Co Cavan given the gravity of Mr McDermott’s crimes, a previous escape from the same jail and 91 previous convictions.

However, it is understood no disciplinary action is being taken against the official or anyone else.

Mr Donnellan’s comments follow scathing criticism from the head of the Garda Representative Association who said he was “astonished and flabbergasted” by the whole affair.

Mr McDermott — jailed for seven years last July for the manslaughter of Garda Gary McLoughlin in 2009 after ramming him with a car — walked out of Loughan House on Mar 15 before being arrested two days later in Derry.

Mr Donnellan detailed a litany of cock-ups to the Oireachtas Justice Committee yesterday:

* An official in the Irish Prison Service failed to attach sufficient weight to the gravity of the offence and failed to consider other transfer criteria;

* Mr McDermott had previously escaped from Loughan House in 2007;

* He had 91 previous convictions and two prison disciplinary reports against him while serving his sentence for Garda McLoughlin’s death;

* While prison bosses “usually” seek the view of gardaí when considering transfers, this was not done in Mr McDermott’s case; and

* Mr McDermott was gone up to five hours before gardaí in Cavan were notified, partly due to a separate emergency.

“I apologise completely and unreservedly for what has happened,” Mr Donnellan told the committee. He said the decision was made by an official in the IPS operations directorate after a recommendation by management at Midlands Prison, where Mr McDermott was serving his sentence.

He said this was “completely the wrong decision” as it did not sufficiently take into account the gravity of the crime, the public’s interest or his previous record.

He said the fact Mr McDermott had previously absconded from Loughan House and the fact he had 91 convictions “should have sounded a lot of alarm bells”.

He said the fact that staff had to deal with an attempted suicide at the same time “did not excuse” the delay in notifying gardaí or halting the search.

He said a second official would now review any transfers where the prisoner is serving a sentence involving a loss of life.

Committee member Dara Calleary told Mr Donnellan this was “a genuinely dark chapter” for the prison service.

Chairman David Stanton expressed members’ grave concerns, but praised Mr Donnellan for putting his “hands up”.

Sequence of events leading to Martin McDermott’s transfer and escape

1. On Feb 23 last an official from the operations directorate in the Irish Prison Service agreed to the transfer of Martin McDermott from Midlands Prison to Loughan House.

A report from the IPS said the decision was made at a sentence review meeting at Midlands Prison and followed a recommendation by management and services there that he should be transferred to an open prison. They cited his “good behaviour” and engagement with services. Also, he was from Donegal and a transfer would facilitate family visits, “consolidating links regarded as crucial for rehabilitation and reintegration”.

2. The IPS report said other factors included the overall pressure on prison spaces. On Mar 2, the day before McDermott’s transfer, there were 617 prisoners in Midlands, which has a capacity of 616.

The report said Midlands served as a “relief valve” for both Cork and Mountjoy prisons during times of “severe overcrowding”. During such periods “prisoner profiles in the Midlands are analysed to determine prisoners whose risk profile determines that their rehabilitation is best executed in the community or by the transfer to open centres”.

3. McDermott, from Raphoe, was transferred to Loughan House on Mar 3 and attended classes, went to the gym every day and did some renovation work until his escape.

4. McDermott was unaccounted for on Mar 15 during the lunchtime check, between 12.30pm and 2pm.

A search began, but was halted when the prison’s eight staff had to respond to an attempted suicide. The search did not resume until 4.35pm and gardaí at Ballyconnell were informed at 5.25pm.

5. McDermott was arrested in Derry by the PSNI. He faces six charges, including assaulting three police.

The DPP here is in the process of issuing a European Arrest Warrant for him.

Cormac O’Keeffe