GSOC could not fully probe sex claim

The Garda Ombudsman could not fully investigate a complaint that gardaí had not properly followed up child sex abuse allegations, as it does not have the power to obtain vital phone records in such a case.

The complaint to GSOC centred around a claim by a man in his 40s that gardaí did not launch an investigation after he made a statement to gardaí in December 2000 about abuse by two brothers in a Christian Brothers School.

GSOC had to classify the alleged non-investigation of child abuse as a Garda disciplinary matter, which, under GSOC legislation, meant it was “not of a serious criminal nature” and therefore, Garda phone records could not be demanded.

The investigating garda claims he received the investigation file in January 2001 and contacted the victim shortly afterwards. The garda said the victim told him at this point that he did not want to proceed with the case as he was “receiving treatment”.

This conversation, which the victim strongly denied ever took place, was alleged to have occurred over the phone.

In its report, GSOC said “attempts were made to obtain telephone records, however, by law it is not lawful to obtain these records as this investigation is not of a serious criminal nature”.

Therefore, GSOC said “there is no other avenues of investigation available to corroborate either party. There are no other avenues of investigation available to independently verify your allegation”.

A new investigation was eventually started in April 2003 and the man made a second statement. Following this investigation, which the same garda headed up, one of the alleged abusers was convicted and sentenced in November 2004. He had pleaded guilty.

In 2005, the man attempted to take a civil case against his abusers but was advised by a solicitor that, due to the length of time elapsed since he first made a Garda statement, any civil proceedings would likely fall outside the statute of limitations.

In June 2006, the victim made a complaint to the Garda Complaints Board about the delay in Garda action between January 2001 and April 2002. A year later, he made the complaint to GSOC.

A spokeswoman for GSOC confirmed that it had no power to access the phone records in this case, as it did not involve alleged criminality.

“This investigation is disciplinary or civil in nature and no statutory power exists to permit the Garda SIO to lawfully seek to preserve telephone records in such circumstances,” she said.