Judge criticises 'serious defect' in Garda system after accused doctor absconds

A High Court Judge has today criticised the gardaí over their failure to take immediate action when an Irish doctor on bail awaiting the outcome of his appeal against his extradition to the US on child molestation charges had absconded.

Mr Justice Michael Peart made his comments today after ordering the forfeit to the state of €100,000 put up as an independent surety for Dr Rory Doyle.

While on bail, Doyle absconded before the Supreme Court heard his appeal against an order for his extradition.

Doyle's current whereabouts are unknown. He changed his name to David West by deed poll in 2004.

In a ruling ordering that the independent surety €100,000 plus Doyle's own surety of €25,000 be forfeited in favour of the State the Judge said the case raised a "serious defect in the system" which those in authority need to address.

In January 2010, the High Court ordered that Doyle otherwise known as David West be surrendered to the US State of Florida, where he is wanted on three charges of child molestation and a fourth of failing to turn up for his trial on those charges in Florida in November 2001.

Doyle denied the charges, including of molesting two girls (then aged 13 and eight years) while they were asleep in bed.

The offences are alleged to have occurred at Treasure Island, Florida, on dates between September 1994 and February 1995 and at St Petersburg, Florida, in July 2000.

Doyle (aged 56) with addresses at Donnybrook Manor, Belmont Avenue, Donnybrook, Dublin and Sallins Bridge, Sallins, Co Kildare appealed the decision to extradite him. The appeal was listed before the Supreme Court last February.

Following his arrest in 2009 he was on bail subject to a number of conditions including the surrender of his passport, reside in Donnybrook sign on daily with the Gardai in Donnybrook, enter into his own bond of €25,000 and that an independent surety of €100,000 be provided.

The surety was put up by Dolye's 89-year-old mother Maura Doyle, whom he resided with in Donnybrook.

In December 2011, Doyle sought and was granted the return of his passport to allow him travel to England with his mother for one week over the Christmas period.

Doyle was excused from signing on from December 21 to 29. Mr Justice Peart said that Mrs Doyle did not travel to the UK, and spent the holidays in a Cork hotel.

The Judge said Mrs Doyle returned home on December 29, 2011 to find her son had gone. When he did not return by January 2 she phoned Donnybrook Garda station in early January. She was assured by the Garda the matter would be followed up, the Judge noted.

However the next thing that happened was that Gardaí called to her home to make enquires about her son on January 27, 2012. A warrant was issued for Dr Doyle's arrest, however he has not been located, the Judge said.

In his ruling, Mr Justice Peart said that the Garda extradition unit was not informed by Donnybrook Gardaí that Doyle did not sign on from December 29 onwards as required.

Nothing was done, the Judge said, until almost a month later.

The judge said that there seemed to be "no system in place in Garda stations" or "even a practice requirement on members in charge" to immediately notify those in charge of the extradition case that a person has failed to sign on.

There was no useful purpose to a signing on requirement as a condition of bail "if a failure to comply triggers no alarm of any kind".

The Judge added that without any system being in place it could be "days weeks or months before anyone in authority will notice" or do anything.

By that time the person subject to the bail conditions could have fled the jurisdiction. This scenario "made a mockery of the process by which bail is applied for and granted."

What happened "points up a serious defect and weakness in the system" and "also reflects badly on Ireland". Ireland he said cannot fulfil its obligations in relation to extradition if bail conditions placed on those whose surrender is sought are not effective.

"I would urge those in authority and with the ability to address this unsatisfactory situation to do so without delay in order to prevent a repeat of what had occurred," said the Judge adding that there had been an enormous waste of state resources in this case.

The Judge ruled an independent surety of €100,000 should be forfeited to the state. He was satisfied from the evidence put before him that the money was Dr Doyle's and not his mother's.

The Judge said he had no doubt Doyle "had manipulated and used" his mother in a "callous fashion" by involving her as an independent surety. The Judge said Doyle lead his mother to swear an affidavit claiming she had put up the money, which was was her life's savings.

He said that she was blameless in her son's absconding. The Judge also ordered that €25,000 put up by Doyle as his own bond as should also be forfeited to the State.