Senior garda denies being sent to GP to check if  sergeant's sick cert was a forgery

Inspector Anthony O'Sullivan told Disclosures Tribunal he had 'never' seen a medical certificate stating that someone was fit to return to work but should not attend their place of work and said he was told to check its validity

Retired Garda sergeant Paul Barry claims the visit to his GP amounted to targeting him and had made him 'upset and intimidated'. Picture: Gareth Chaney/ Collins Photos

A Garda inspector has denied he visited a GP's surgery because it was suspected a medical certificate issued to a sergeant who alleges he was bullied and harassed was a forgery, the Disclosures Tribunal has heard.

However, Inspector Anthony O'Sullivan on Thursday told the tribunal he had "never" seen a medical certificate stating that someone was fit to return to work but should not attend their place of work and said he was told to check its validity.

The sergeant claims the visit amounted to targeting him and had made him "upset and intimidated", while the GP also told the tribunal she felt "unnerved" by the inspector's visit.

The tribunal is investigating claims made by retired Garda Sergeant Paul Barry, formerly of Mitchelstown Garda Station in Co Cork, who made a 2012 complaint that the proper investigation of a child sexual assault allegation was prevented by Superintendent Michael Comyns, who he says also bullied and harassed him. 

The Director of Public Prosecutions later directed there be no prosecution of the child sex assault allegation.

The former sergeant claims the investigation found one of the alleged suspects was connected to two senior gardaí, former superintendent John Quilter and then chief superintendent Anthony Quilter, the tribunal has also heard. 

After a criminal investigation, the DPP directed in November 2015 there be no prosecution relating to Sgt Barry's claim that Supt Comyns had perverted the course of justice, due to a lack of evidence.

The tribunal has heard that Supt Comyns, who denies allegations of bullying and targeting Mr Barry, has described the complaints as "unfounded and vexatious". After an internal Garda investigation, the bullying and harassment complaints were not upheld by investigators, headed by former Chief Superintendent Catherine Kehoe.

On Thursday, Insp O'Sullivan told Shane Costelloe SC, for Mr Barry, that he was not visiting the GP on suspicion of the certificate being a forgery because he believed that Mr Barry "would never do that".

Mr Barry reported as unfit for duty on August 6, 2012, due to what he says was work-related stress. Mr Barry has told the tribunal he was forced to return to work on March 29, 2013 for financial reasons as he was on half-pay due to the length of the leave — 239 days in total.

Medical records

His GP, Dr Margaret Kiely, in her medical records provided to the tribunal, reports she met with Mr Barry on March 28, 2013, but said she did not believe him fit to return to work if he had to come in contact with Supt Comyns or attend Fermoy Garda Station, where Supt Comyns was based. 

Dr Kiely subsequently issued a medical certificate allowing Mr Barry to return to work with these conditions attached.

Insp O'Sullivan told Mr Costelloe he visited Dr Kiely's surgery on his way to court on the morning of April 5, 2013, after being asked by Chief Supt Gerard Dillane to enquire about the conditions in the medical certificate. The cert had also been backdated in biro from April 4, 2013, to March 28, 2013, the day before Mr Barry returned to work.

Mr Barry claims the visit was targeting him in that it amounted to sending Insp O'Sulivan to question his doctor. Mr Barry has told the tribunal in his statement that "I never had a medical cert questioned previously in all my service" and that it made him "upset and intimidated".

Chief Supt Dillane has stated to tribunal investigators that he asked Insp O'Sullivan to see if the certificate was "genuine" and to ask the doctor if she could explain how she could say that a member of An Garda Síochána could not work at Fermoy Garda Station". 

Chief Supt Dillane said he did not target Mr Barry by sending Insp O'Sullivan.

"When I first saw the certificate I had to read it a few times, as I could not believe a doctor would write such words. I wondered for a while if it was for real and I was particularly taken back by the section which said that Paul Barry could not work at Fermoy, as I took this to mean that Fermoy Garda Station was not a safe place to work in.

"I was looking for clarification on this matter. Dr Kiely was the author — I believed she was the first person to start with. I was not targeting Sgt Barry with my actions but I was doing my job as I saw fit," Chief Supt Dillane told tribunal investigators.

Insp O'Sullivan said the certificate was similar to a builder being told they were fit for work but "could not go on the site". Insp O'Sullivan said he did not encounter any issue when visiting the GP and he was to check the conditions, which she verified. 

He told Mr Costelloe he had "never seen a cert like it prior or since" but that he did not suspect it to be forged.

GP 'unnerved'

Mr Costelloe said Dr Kiely told the tribunal in her interview that she felt "unnerved" by Insp O'Sullivan's visit and claimed he was in full uniform. Insp O'Sullivan said he disputed that account and that he was not in full uniform.

Mr Costelloe put it to Insp O'Sullivan that he was sent by Chief Supt Dillane to see if the cert was "either a forgery or had been manipulated". 

Insp O'Sullivan said neither he nor Chief Supt Dillane suspected the document to be forged and that he had worked with Mr Barry for eight years. "It would never have crossed my mind that Paul Barry would do something like that [forge a document]," said Insp O'Sullivan.

The tribunal continues on Tuesday of next week before retired judge Chairman Sean Ryan.