Probes into alleged Garda fraud

Disciplinary investigations have been launched into three cases of alleged fraud within An Garda Síochána relating to the altering of sick notes and the claiming of allowances when on sick leave, it can be revealed.

Documents from the Office of Garda Commissioner Drew Harris, obtained by the Irish Examiner, reveal that since 2016, three separate investigations have been launched into allegations “concerning the altering of medical certificates and the claiming of allowances whilst on sick leave”.

“All allegations of fraud within the Garda organisation are investigated as a crime,” state the documents.

The revelations have given rise to “serious concern” among members of the Dáil’s spending watchdog, the Public Accounts Committee (PAC), which is to discuss these revelations at a meeting this morning.

Social Democrats co-leader and leading PAC member Catherine Murphy has said the revelations raise alarm bells and “open up a range of questions” for the force.

Speaking to the Irish Examiner, Ms Murphy said: “People who fraudulently claim undermine those other members of the force who legitimately claim expenses when they have been injured in the line of duty.

"But we don’t have enough information to be satisfied as to whether these are isolated cases or rather a sample of what could be a far more systemic problem.”

The correspondence from Superintendent Marie Broderick, private secretary to the commissioner, reveals that of the three investigations launched, one has been concluded and “found not to be in breach of discipline”.

However, the other two cases remain live.

Given that the criminal investigations are ongoing, Ms Murphy said PAC would be restricted in how far it can probe this issue but certainly is examining the process involved here.

“No Dáil committee can override any criminal investigation, but there are general questions about the process which we can examine. But there is a significant gap in our understanding here,” she said.

It is not clear whether these cases relate to full sworn members of the force or civilian officials, but it is clear that the rules dictate that disciplinary procedures for civil service personnel only come into play once the criminal investigations are concluded.

According to the correspondence, where cases of fraud are suspected, they are escalated for criminal investigation when necessary.

“Where instances of non-compliance with the sick leave regulations, falsification of records, etc. are reported to HR, the Civil Service Disciplinary Code may be invoked for misconduct/serious misconduct. The disciplinary proceedings may be put in abeyance pending the outcome of a criminal investigation,” state the documents.

Supt Broderick’s letter says the force’s anti-fraud policy commits to dealing promptly and firmly with those who defraud the Garda organisation.

On top of the criminal sanctions, “additional disciplinary investigations may be undertaken”.

Separately, the correspondence reveals that the commissioner has responded to questions raised by PAC into the case of civilian officer Lynn Margiotta.

The trial of Ms Margiotta, a Garda civil servant accused of using bogus sick certs, collapsed after a judge ruled the investigation breached her right to privacy.

She was arrested at her home in Navan in August 2014, a month after she made a complaint of bullying against her line manager.

Ms Margiotta said she was unfit for work for much of 2014 as a result of stress due to the death of her mother in January that year.

During that period, she provided over a dozen medical certificates made out by her brother, a medical doctor.

“The commissioner was not aware of a verbal complaint made by Ms Margiotta. The commissioner was not aware of a mediation process,” state the documents.