Radical reform of Gardaí unavoidable - McDowell

There is no alternative but to implement the most radical reform of the Gardaí since the foundation of the state, Justice Minister Michael McDowell said today.

The findings of the Morris Tribunal’s third, fourth and fifth reports had painted an extremely disturbing picture of the force, he said.

The tribunal said it was staggered by the amount of indiscipline and insubordination it discovered in the force.

“There is a small but disproportionately influential, core of mischief-making members who will not obey orders, who will not follow procedures, who will not tell the truth and who have no respect for their officers,” it said.

As the damning conclusions of Mr Justice Frederick Morris were published so too were proposals for the reform the Garda Disciplinary Code.

The release of details on the overhaul was timed to limit damage done to confidence in the force by the vast majority of the country who, said the minister, has a right to feel a sense of great disappointment and dismay at the events in Donegal.

It was stressed in the report’s conclusions, however, that although the tribunal focused primarily on the actions of some Gardai in the Donegal division it was not confined to them alone.

It stated: “All of them were trained as Gardai and served under a uniform structure of administration and discipline that is standardised throughout the country.”

It was these remarks that gave Minister McDowell most concern, he said.

“The tribunal has concluded that proper discipline has been lost in the force and the disciplinary machinery has become overlaid with an unnecessary degree of legal formalism,” he said.

The report found the conspiracy uncovered by the tribunal involved a sergeant and two garda members “and that two otherwise decent women were dragged into lying on its behalf.”

Detective Garda Thomas Kilcoyne stood as a good example of an officer who could have served in the force without blemish if not for the bad influence of Detective Sergeant John White.

“A senior and much respected officer tempted him and he succumbed,” it said. “It is shocking that a man like that can be inveigled into a criminal conspiracy.”

There were other officers invited to join the conspiracy to cover-up but “who were not in awe of those who would suck them into a morass of corruption,” it was found.

The exemplary reputations of Garda Eamon McConigley and Garda Tony Moran were tarnished in an attempt to stitch them up to help a more favoured colleague steer clear of a criminal trial.

And while the tribunal restored their reputations it remained stunned by the findings of fact it had to make.

It highlights Garda Martin Leonard who was able to apply to arrest a colleague in an investigation in which he had no involvement.

He lied at will and continually tested the waters as to the vulnerability of his colleagues, it was found.

The report said the behaviours of Sergeant John (Jack) Conaty, Garda Pauric Mulligan and Detective Sergeant John White beggared belief.

Furthermore corrupt gardai had used the tribunal as a “sounding board for deceit in the hope that it too could be inveigled into believing lies.”

Throughout he unfolding events in Donegal there appeared to be no sign of an effective Garda code of conduct.

The heavy overlay of procedures and processes – with a burden of proof akin to a murder trial, rather than on a balance of probabilities basis – could be used to frustrate simple and straightforward investigations, it was found.

The report also expressed the tribunal’s disquiet over the use of section 29 of the Offences Against The State Act, which allows a Garda superintendent to issue a search warrant.

It was a serious power, allowed by the constitution, and not one common to other comparable countries, most notably the US, it was stated.

The tribunal said it was disturbed by the manner in which the power was used or abused to carry out a number of unlawful arrests.

It recommended only judges of the district or circuit court be able to issue warrants, which could be done easily and quickly given modern technology.

Minister McDowell said new draft Garda discipline regulations had been drawn up, in consultation with the Garda Commissioner, since he was first presented with the reports three months ago.

“The gross abuses of power and fabrication of evidence that are identified in these reports are completely unacceptable and deplorable,” he said.

The new measures include more swift mechanisms to deal with rogue Gardai as well as a ‘Whistleblower’s Charter’. The minister also said he will replace the section 29 powers in the Criminal Justice Bill in the autumn with a more balanced provision.