Delay in probing complaint breached rights, Garda chief agrees

The Garda Commissioner has consented to a High Court declaration that a delay of more than two years in investigating a council worker’s complaint against a garda breached the man’s rights to fair procedures and prompt decision.

Stephen McNamee complained in June 2011 to the Garda Síochána Ombudsman Commission, which notified his solicitor eight weeks later that the complaint had been referred to the commission for investigation by a senior garda, in accordance with an agreed protocol.

In August 2013, after considerable correspondence by his solicitor, Gareth Noble, a decision on the complaint was notified to Mr McNamee, who argued that period was well outside the recommended 12 weeks.