Barry Cowen faces uphill battle in Pulse probe

Former agriculture minister Barry Cowen disputes the Garda Pulse record of events in relation to a drink-driving incident he was involved in in 2016.  Photo: Gareth Chaney Collins

Sacked minister Barry Cowen faces an uphill battle in his bid to change the Garda Pulse record in relation to a drink-driving incident in September 2016.

Details of the Pulse record were published in a Sunday newspaper alleging that he had turned away from a garda checkpoint before he was stopped and breathalysed.

The former agriculture minister is disputing this and insists he did not evade, or attempt to evade, the checkpoint, and is seeking to change the Pulse record.

The Irish Examiner understands the Garda Data Controller is examining the request and has consulted, or is in the process of consulting, with the garda concerned and examining his or her official notebook.

A number of experienced sources, inside and outside An Garda Síochána, believe that changing the Pulse record will be difficult.

One garda source said: “If the garda is standing over his account, and his notebook backs that up, it would be strange not to accept that, because if you don’t you open up the entire record.” 

One non-garda source said: “The garda would need to explain why they put that in and how did they come to form that view, but if it was a legitimate belief or opinion at the time that the car turned around or appeared to and they put that into the entry, it's hard to see why you would change that.” 

If Gardaí don’t change it, Mr Cowen can go to the Data Protection Commission.

But sources believe that if the garda concerned does not change his or her account and if the Garda Data Controller decides not to alter the record, it will be very difficult for the DPC to come to a conclusion that the garda was mistaken and direct the Pulse record to be changed.

- Read Cormac O'Keeffe's analysis of the possible consequences of the Cowen/Pulse affair here.