False or misleading statements to Gsoc led to 12 prosecutions

In a statement, Gsoc pointed out that, while it conducts the investigation, the decision on whether or not to bring charges is taken by the DPP on foot of examining the Gsoc file. File picture

Some 12 prosecutions have been taken in the last six years against people who provided false or misleading statements to the Garda Síochána Ombudsman Commission (Gsoc). Nine of the investigation files submitted to the Director of Public Prosecutions related to members of the public and three involved gardaí.

Figures show that, of the six prosecutions that have concluded, there were four successful convictions – with one overturned on appeal - of members of the public, while two of the prosecutions against garda members were dismissed by the courts.

Figures provided by Gsoc to the Irish Examiner show there were no prosecutions in 2022, with all 12 cases before the courts in the six years between 2017 and 2021.

Gsoc said that under Section 110 of the Garda Síochána Act 2005 it is an offence for a person to provide information to Gsoc “that they know to be false or misleading”. The offence is liable, on summary conviction before the District Court, to a fine not exceeding €2,500 or up to six months in prison, or both.

In a statement, Gsoc pointed out that, while it conducts the investigation, the decision on whether or not to bring charges is taken by the DPP on foot of examining the Gsoc file.

Of the 12 prosecutions:

• Nine were against members of the public;
• Three were taken against gardaí;
• Six of the cases were concluded and six of the prosecutions were ongoing. 

The statement said that, of the cases that were ongoing, five relate to members of the public and one to a garda.

Of the six prosecutions that have concluded in the courts:

• Two related to gardaí, both of which were dismissed;
• Four concerned members of the public, with each resulting in convictions, with one overturned on appeal 

The Gsoc statement said that of the three other members of the public, one received a four-month suspended sentence, one received an €800 fine while a third was given community service. This last person was subsequently given a five-month prison sentence “owing to failure to engage with community service”.

Garda staff associations have long complained about vexatious or malicious complaints from certain members of the public against gardaí and the impact they can have on members during what can be long investigations.

In one such dismissal, in January 2021, the courts cleared Garda Noel Gibbons of charges of giving false information to Gsoc, as well as charges of assault and false imprisonment. In that case, Judge Conal Gibbons criticised Gsoc's investigation and said he had concerns that the watchdog had not interrogated issues sufficiently.

Following this, the Garda Representative Association strongly criticised Gsoc and urged the justice minister to change the legislation to ensure there were safeguards “to protect members of garda rank from vexatious complaints”.

Gsoc said afterwards that the decision to prosecute Garda Gibbons was for the Director of Public Prosecutions and any questions on this issue should be raised with that office. It also said GSOC respected the decision of the court as it did in any case.

In hearings about landmark policing reform legislation going the Oireachtas last February, both the Association of Garda Superintendents and the Association of Garda Sergeants and Inspectors said the bill was silent on dealing with frivolous or vexatious complaints.