Review of Garda files stalls McCabe inquiry

A promised statutory inquiry into allegations by Sergeant Maurice McCabe of deficient garda investigations may not start until December — some seven months after the damning Guerin report was published.

The decision to establish a commission of investigation was announced by the Government at the publication of the Guerin report in early May. The report documented poor investigation of crimes and poor treatment of victims by young gardaí in Baileboro garda district and a lack of proper supervision.

But unlike the Fennelly Commission of Investigation into the garda tapes controversy, this commission has not progressed, to date, with no terms of reference or person appointed to lead the inquiry.

The Department of Justice told the Irish Examiner such issues are “under consideration”, partly because they are awaiting the results of a separate review of complaints about garda investigations which were sent to politicians on the back of Sgt McCabe’s allegations.

These complaints are thought to number in excess of 200 and a panel of barristers is being appointed by the Government to review the files.

If any of them warrant further investigation they will be included in the Guerin commission.

“The terms of reference of the commission of investigation, and the appointment of a member, are under consideration and will be finalised as soon as possible after the summer recess,” said a department spokesperson.

“This will enable consideration to be given to the inclusion in the terms of reference of any additional cases which might be identified as appropriate for a commission of investigation arising from the establishment by the minister of an independent review by counsel of allegations of Garda misconduct.”

Justice Minister Frances Fitzgerald last month told the Dáil that the work of the panel — comprising senior and junior counsel — would begin shortly.

Sinn Féin justice spokesman Padraig Mac Lochlainn said he understood the thinking in the decision to include these cases in the commission, if deemed necessary.

“I don’t disagree with the logic behind it,” he said, “but surely they could have commenced the work on the Guerin cases and crack on with that and amend the terms of reference later to include any other cases.”

He added: “They probably won’t start examining the files until September, so you are then talking December really before the commission of investigation is launched. That’s six to seven months on from the report in May.”

The development comes after the Irish Examiner reported a week ago that an investigation by the Garda Ombudsman into separate allegations by Sgt McCabe — regarding penalty point abuses — has yet to start fully, despite being requested to investigate last January.

GSOC has told the Department of Justice that it needed an additional €1m to hire extra staff to conduct the “extensive investigation”.