Labour anger in aftermath of Mahon findings
The senior Garda who retired after being found guilty of gross negligence by the Morris Tribunal, has escaped very lightly, it was claimed today.
Labour’s justice spokesman Joe Costello said the ability of Chief Superintendent Denis Fitzpatrick to quit the force on a full pension would give rise to great public anger.
“He has just been able to ride into the sunset with a full pension and without any disciplinary procedures,” Mr Costello said.
“There were large question marks surrounding Chief Supt Fitzpatrick’s work practices, and considering the sharp criticism of him in the first report from the Tribunal, I think his retirement will be looked upon very poorly.”
Chief Supt Fitzpatrick, who was in charge of the Donegal division during the 1990s when two senior officers were found to have set up hoax explosive finds in a bid to further their careers, announced his retirement following a meeting with Garda Commissioner Noel Conroy.
He is the first casualty of the damning first report from the Morris Tribunal, which found him “gravely at fault” for failing to investigate the activities of Superintendent Kevin Lennon and Detective Noel McMahon.
The report, by Mr Justice Frederick Morris, found that Chief Supt Fitzpatrick and Lennon had behaved in a way “which amounted to a conspiracy” towards another officer in order to undermine his position.
Mr Costello said there had to be prosecutions in light of the revelations.
“These findings are extremely serious and it is now up to Justice Minister Michael McDowell and the DPP to act on it if the good name of the Garda is to be preserved,” he added.
“The Morris Tribunal has indicated that there were serious failures and gross negligence and it is important that action is seen to be taken.”
Fine Gael’s justice spokesman Jim O’Keeffe said the retirement was “entirely appropriate” but called for an urgent investigation into the issue of missing files, highlighted in the report.
He said: “Chief Supt Fitzpatrick has still been penalised. He has had to retire early and under a cloud.
“But there are some outstanding issues which should be clarified. Justice Morris referred to various missing files and anybody with responsibility for those files should be obliged to provide a full explanation.”
Mr McDowell said he “accepted Chief Supt Fitzpatrick’s honourable decision”.
Chief Supt Fitzpatrick joined the force in 1972 and is currently head of the Garda National Traffic Bureau. His retirement will take effect on September 1.
The Garda Commissioner has also begun proceedings to dismiss McMahon. He has been served with a copy of the Tribunal report and given time to respond.
The Cabinet is expected to rule on Lennon’s future in September. Both men, who were also found to have lied to the Tribunal about the alleged explosive finds, are currently suspended from the force.
The Morris Tribunal was set up in April 2002 to investigate complaints concerning members of the force in Donegal.
It is currently examining the death of cattle dealer Richie Barron in October 1996, after completing a report on the actions of Lennon and McMahon in 1993 and 1994.
