Department of Justice examining possible 'legal issues in GSOC probe’

The Department of Justice is examining possible “legal issues” in an inquiry report into how the Garda Ombudsman handled its investigation of a sergeant, who took his life before he could be informed that he had been cleared.

The inquiry by Supreme Court Judge Frank Clarke was submitted to Tánaiste and Justice Minister Frances Fitzgerald two weeks ago.

It was set up following heavy criticism from the Association of Garda Sergeants and Inspectors into how GSOC investigators conducted their work.

The Sunday Times reported yesterday that the inquiry had cleared the watchdog of any wrongdoing. It said the inquiry found that GSOC acted in good faith in its dealings with Sgt Michael Galvin, a married father of three from Sligo, based in Donegal.

In response to a series of questions yesterday, the Department of Justice confirmed that the Tánaiste had received the report from Mr Justice Clarke.

But a spokesman added: “As there may be legal issues arising in relation to the contents of the report, it is being examined in order to consider how best to proceed.” It is unclear if the report will be published.

Sgt Galvin, 48, was found dead at Ballyshannon Garda Station on May 28, 2015, after shooting himself using an official firearm.

He had been under investigation by GSOC over his dealings with Sheena Stewart, who was fatally injured in a road crash in Ballyshannon in the early hours of New Year’s Day 2015.

Sgt Galvin and a colleague had stopped their car and spoke to Ms Stewart, with the sergeant making a statement that the woman was on the footpath. Sgt Galvin and his colleague were on their way to a hit-and-run incident and reassured the woman they would come back to her afterwards. Ms Stewart, aged 33, was subsequently hit by a vehicle and died.

The sergeant took his own life a week after he was questioned by GSOC investigators on suspicion of perverting the course of justice and making a false and misleading statement.

It emerged that the investigators recommended against any action against the sergeant just a week later — the day before he died.

The Sunday Times reported that the investigation file had gone to the three commissioners who head GSOC, but that they had not considered it.

It said the judge had noted that the terms of reference of his investigation did not include the three commissioners, but said this should not be suggested as interpreting that they had done anything wrong.