Warrant for garda wrongly suspected of stealing bicycle had inaccurate information
The warrant used to search the home of the garda wrongly suspected of stealing a bicycle from his station contained false or incorrect information.
The warrant used to search the home of the garda wrongly suspected of stealing a bicycle from his station contained false or incorrect information, the has learned.
Last week, the final report from a disciplinary tribunal was sent to garda headquarters, nearly four years after the garda’s home was raided by members of the National Bureau of Criminal Investigation (NBCI).
According to sources, the report includes details of the warrant, which was obtained from a judge on the basis that there was prima facia evidence that the garda in question was suspected of removing not just a bicycle but a pair of “very expensive” bicycle wheels, which were valued at nearly €1,000.
The detail on the warrant was incorrect as there was nothing to suspect the garda in question had anything to do with the removal of the wheels.
Last week, the disciplinary tribunal officially cleared the garda of any wrongdoing.
He was initially suspended for a year while a criminal investigation was conducted.
Following a decision by the DPP that there was no basis for prosecution, he was put on restricted duties for the following three years.
It has been established that the garda gave the bicycle to an elderly farmer in an isolated area during covid to help him until he could access his own bicycle, which was unavailable because of the lockdown movement restrictions.
The case and the manner of the disciplinary proceedings have caused outrage among garda representative associations.
The disciplinary report also raises questions about statements from a supervisor who was involved in the case.
The potential discrepancy centres on whether the accused garda had informed a supervisor of his “act of kindness” with the bicycle prior to the issuing and execution of the search warrant on his home.
The garda insists that he did inform a supervisor that he had given the bike to the elderly farmer.
Last week, it was reported that the garda intends to sue the state over how he was treated in the whole affair.
While the bicycle in question was worth very little money, the pair of wheels that went missing at the same time were specialist and considered very valuable.
These wheels have never been recovered.
However, in obtaining the search warrant, information was compiled that conflated the two issues.
A review of the disciplinary report in Garda HQ is expected to examine why the National Bureau of Criminal Investigation, the primary crime-fighting unit in the organisation, was deployed to the midlands to investigate a missing bicycle.
A spokesperson for An Garda Síochána said the Board of Inquiry report is currently being reviewed by an assistant commissioner.
“Commissioner Harris entirely accepts the board of inquiry made no adverse findings against the garda,” the spokesperson said.
On Tuesday, at the annual conference of the Association of Garda Sergeants and Inspectors, Minister for Justice Helen McEntee insisted that lessons needed to be learned from the case, saying that the timeline for investigations against gardaí “needs to be shorter”.
“The new policing Bill enables us to develop new protocols when it comes to suspensions, and when it comes to discipline," she said.
“Of course, lessons need to be learned, even from recent cases. So as we're progressing these protocols, which I hope will be up and running in place by the summer.
“It's beneficial for everybody involved that it's resolved as quickly as possible. And that is what we're working towards.”
Commissioner Harris declined to comment on the specifics of the case and said he awaits written communication from the individual’s legal representative.
“The individual was entirely exonerated by the process and I wish him well in his service,” Mr Harris said.
