Interview ‘hugely distressed’ Garda sergeant

The solicitor for Sergeant Michael Galvin, who killed himself while under investigation by the Garda Síochána Ombudsman Commission, said he tried to assure the father of three that he had no case to answer.

Michael Hegarty, who regularly represents members of the force facing disciplinary and criminal inquiries, said it was clear Sgt Galvin was blameless but the GSOC process caused him “huge distress”.

Sgt Galvin shot himself at Ballyshannon Garda Station in Co Donegal on Thursday last week, a week after he was interviewed by GSOC in relation to an incident in the early hours of New Year’s Day when a local woman, Sheena Stewart, was knocked down and killed.

Sgt Galvin and another garda had come across Ms Stewart on their way to attend another incident and had stopped to talk to her. She was struck shortly after they left and GSOC was probing a discrepancy between Sgt Galvin’s report, which placed her on the footpath, and CCTV images, which showed her on the road.

After the interview, GSOC cleared Sgt Galvin of any mistake or wrongdoing but had not informed him of this, as the report first had to go to the DPP for consideration.

Following his death, GSOC began its own review of the handling of his case but Justice Minister Frances Fitzgerald announced on Thursday night that she would be asking the Chief Justice to nominate a judge of the High Court or Supreme Court to carry out an independent inquiry.

Mr Hegarty told RTÉ Radio yesterday he could not believe it when Sgt Galvin told him he was under criminal investigation for possibly making a false statement and perverting the course of justice.

“We thought there must have been some mistake,” he said. “There is no necessity to start at the very top and start a criminal investigation. That’s very difficult to understand.”

He said Sgt Galvin knew the penalty for conviction was up to five years in jail and he was in huge distress.

“We reassured him, as did his colleagues, that there is nothing in this, there is no basis for a criminal investigation in the first place and when we do have a cautioned interview that will be seen to be the case, but unfortunately it got into his mind that he faced criminal sanctions,” said Mr Hegarty.

He said he contacted the Donegal branch representatives of the Association of Garda Sergeants and Inspectors to tell them he was concerned about Sgt Galvin and to ask them to reassure him.

AGSI general secretary John Redmond said there were three main questions the independent inquiry needed to probe — why a criminal investigation was instigated; what happened in the interview that left Sgt Galvin so upset; and why GSOC’s conclusions about his innocence were not relayed to him immediately.

GSOC declined to comment on the issue yesterday, saying it would not be appropriate given the impending inquiry. However, it is understood the commission will vigorously defend its actions as standard procedure in a case where the death of a civilian has occurred.