‘Dossier’ complaints were already probed, say gardaí

Senior gardaí yesterday insisted all the complaints in the ‘dossier’ at the centre of a Government review have already been “fully investigated” by a high-level team.

However, top officers are conducting a fresh probe of the cases as part of the Department of Justice’s review of the dossier — conducted on the request of Taoiseach Enda Kenny.

The allegations — made by Garda sergeant and whistleblower Maurice McCabe — claim Garda misconduct and incompetence, including in the handling of cases as serious as murder, assault, and abduction.

Gardaí yesterday said they had not seen the dossier but believed that they involved the same 12 complaints Sgt McCabe made two years ago.

“As far as we know they involve the same cases...” said a senior Garda source. “All those complaints were fully investigated, by an assistant commissioner.”

He said the team was led by Assistant Commissioner Derek Byrne, who is in charge of the National Support Services, under which all the country’s specialist detective units operate.

“He is our top detective. He had his own team. They set up incident rooms, with technical back up. This was a high-end investigation, the same as a murder investigation.”

He said that 10 volumes of investigation files — broken down in modular form — were submitted to the DPP.

“The DPP directed that no charges be brought,” said a senior Garda source. “That was the DPP’s decision. Are people out there saying the DPP is wrong?”

Following the decision of the DPP, Garda Commissioner Martin Callinan, referred the files to the Internal Professional Standards Unit at Garda Headquarters.

The source said that it examined “policies and procedures” in relation to the particular complaints.

As a result, it recommended that a number of people be disciplined, which the commissioner did. A number of gardaí were transferred from their stations as a result.

Senior officers are taking a “fresh look” at the complaints again as part of the Department of Justice review.

The Garda source said the claims of conspiracies and cover ups were untrue.

He specifically referred to the case involving Jerry McGrath who went on to kill a woman, Silvia Roche Kelly. McGrath had been granted bail while facing a charge of child abduction and a separate charge of serious assault.

While the sergeant in question strenuously objected to bail on the abduction charge, he did not mention the assault charge, which he had been told was a minor matter.

“People are throwing around the word conspiracy and cover up,” said the Garda source. “Was there a conspiracy? No. Was there a cock-up? Yes. Where is the impartiality of journalism in all the reporting?

“But why is no one banging on about the judge giving bail in a case of a man breaking into a house and attempting to abduct a child? Everyone accepts the sergeant strenuously objected to bail.”

On the penalty points probe being conducted by the Garda Ombudsman — based on complaints from Sgt McCabe and fellow whistleblower, ex-garda John Wilson — the source asserted it might reveal “a much more different picture” than portrayed by the whistleblowers.