Garda Ombudsman Commission accused of "excessive" investigation

A Garda witness in the trial of another officer who was acquitted of assault yesterday, is formally complaining to the Minister for Justice about the conduct of the Garda Ombudsman Commission.

The Garda Representative Association (GRA) has said that the investigation was "excessive and oppressive".

Garda Brendan Whitty, who was based in Kevin Street Station, was yesterday acquitted of assaulting Keith Murphy.

A jury at Dublin Circuit Criminal Court took just one hour to come to its unanimous decision.

The case came about because the alleged victim died after his release from custody, and the Garda Ombudsman launched an investigation.

The GRA said that the enquiry was excessive, and one of its members who was involved as a witness is formally complaining, seeking an independent investigation.

Despite being cleared of any wrongdoing, Garda Whitty has been left with a legal bill which could stretch to €30,000.

For the first time, the GRA is calling for the Justice Minister to set up an inquiry into the conduct of the Garda Ombudsman Commission, warning that rank and file gardaí are now fearful of using their batons.

For its part, the Commission rejects any suggestion of having acted excessively.

"The Garda Síochána Ombudsman Commission (GSOC)… undertook this investigation having been called in by the Garda Commissioner under the Garda Síochána Act," it said in a statement released this afternoon.

"GSOC collected the evidence. The DPP took the decision that there was sufficient evidence to warrant bringing the case to court. Garda Whitty was tried and acquitted by a jury.

"This is the essence of garda accountability in a modern policing environment.

"The law applies to everyone.

"GSOC, having assisted with the investigative and trial process fully respects the decision of the jury."