GSOC to pay legal costs for gardaí

The Garda watchdog has been criticised for wasting taxpayers’ money after it emerged it is now offering to pay the High Court expenses of two gardaí it tried to discipline, even after a lower court ruled they acted properly.

The gardaí had used pepper spray to subdue a violent youth.

The Garda Siochána Ombudsman Commission, initially instigated a case against the two Cork City-based gardaí for using pepper spray against the youth who led a gang of teenagers in an attack on a shopping centre.

When a District Court judge threw out the case against gardaí Fiona Sheehan and Brendan Dowling, GSOC decided to seek internal disciplinary action against them, even though Judge Olann Kelleher said the two gardaí had acted in a professional manner and with extraordinary restraint.

The youth’s mother even described him as a “gurrier of the highest order”.

Solicitors acting for the two gardaí then sought the High Court’s approval for a judicial review prohibiting GSOC from continuing to pursue the gardaí.

GSOC later withdrew its investigation and the Irish Examiner has learned that it is now offering to pay the High Court costs incurred by the two gardaí.

GSOC’s actions infuriated the force’s rank-and-file, who are represented by the Garda Representative Association.

GRA central executive committee member Michael Corcoran welcomed the GSOC climbdown, saying “it would seem that common sense has at last prevailed in this saga”.

“Of course, all legal opinion, with the exception of that available to GSOC, was to the effect that this move under Section 95 [internal disciplinary proceedings], following the acquittal of our two members in the District Court, was a double jeopardy and, as such, had no legal standing,” he said.

Garda Corcoran said he was “delighted” the ordeal was over and that GSOC has undertaken to pay all costs in relation to the High Court action for the two gardaí.

“I am not aware, at this point in time, of how much this case has cost the taxpayer, both in terms of the District Court case and this most recent attempt by GSOC to defend the injunction [at the High Court],” said Garda Corcoran. “I would imagine, however, that it is a substantial bill and it will have to be paid out of the public purse.

“In a country which is trying to emerge from an economic disaster, that is a disgrace. I would also like to see an apology from the GSOC to the two members [of the force] for the stress, anxiety, and worry caused to them and their families.”

GSOC said it would not comment on the matter.