Probes into lecturer's indecent assault bid complete

Two official investigations into a former senior childcare lecturer convicted of attempted indecent assault have been completed, it emerged tonight.

The gardaí have sent a file to the Director of Public Prosecutions after its inquiry into Athlone Institute of Technology ex-lecturer Dr Niall McElwee.

Separately, the Health Service Executive (HSE) said it is considering whether to publish its own probe into the circumstances surrounding the case.

Dr McElwee resigned from the third-level college last year over his prosecution in the Netherlands of attempted indecent assault on two young women in an Amsterdam hotel room.

Children’s Minister Brendan Smith ordered an independent review of the the case last July while the gardaí were investigating if Dr McElwee broke sex laws in the Republic.

Individuals are obliged under the Sexual Offenders Act 2001 to inform authorities here of any prosecution abroad for an offence also deemed criminal in Ireland.

A garda spokesman said: “The investigation is complete and the file is with the Director of Public Prosecutions.”

Separately, lawyers are to decide whether the HSE probe will be published after health chiefs receive the findings in the coming days.

Independent management consultant Conal Devine – a former Director of Industrial Relations at the Irish Medical Organisation – was appointed to carry out the HSE inquiry last July.

Child protection experts were to be brought in from outside the State to help Mr Devine with his investigation, it was announced at the time.

The report is now understood to be concluded and will be handed to the Assistant National Director of Primary Community and Continuing Care (PCCC) services in the HSE Dublin Mid-Leinster Area before the end of the week.

A HSE spokesman said its lawyers will study the findings before a decision is taken on whether or not to make them public.

“The HSE is committed to establishing the full facts of what information was available to the health services in relation to Dr McElwee,” he said.

A review inquiry team headed up by Mr Devine was charged with looking at concerns about child protection relating to the incident.

It was expected to investigate:

::Documents from State agencies, including the gardaí, government departments and Athlone IT relating to Dr McElwee and child protection issues.

::The legal reasons and provisions for compiling and holding any such information.

:: The differences between the Irish child protection information system and other Western states.

It was also tasked with making recommendations for improvements to the existing arrangements.

Dr McElwee, who was head of Athlone IT’s Child and Youth Care Learning Centre at the time, was in Amsterdam researching illicit drug use and treatment options when the offence was committed.

A Garda sergeant was also among the party who were on the Health Board-funded trip.