The Garda reforms promised a fresh start. So why are whistleblowers still being failed?

Allegations over defective holsters, mishandled disclosures and the treatment of whistleblowers have renewed pressure for an independent investigation

Following the fallout from the Maurice McCabe whistleblower case and the Disclosures Tribunal report in 2018, there was general agreement that a new way forward had to be found.

Alan Kelly believes there will be an inquiry into the blizzards of scandal emerging from An Garda Síochána.

The Labour TD was the first to publicly call out what was going on behind closed doors.

Now he believes it will be impossible to keep those doors shut.

An inquiry is the last thing the current justice minister Jim O’Callaghan would want, and it’s easy to understand why.

What has emerged is particularly concerning because it has occurred at a time when a brand new day was starting for the force.

Following the fallout from the Maurice McCabe whistleblower case and the Disclosures Tribunal report in 2018, there was general agreement that a new way forward had to be found.

A long-standing culture had to be tackled.

Any time a member of An Garda Síochána had called out malpractice or corruption, the instinct was to circle the wagons and shoot the messenger.

That’s what happened to Maurice McCabe, who was subjected to a smear campaign for raising issues of concern.

The Commission for the Future of Policing was convened, and when it reported, it pointed towards a fresh dawn.

A new commissioner was installed from outside the force. Drew Harris came from the Police Service of Northern Ireland. 

He had no baggage. There was no lingering controversy or scandal with which he could be associated.

New protected disclosure unit

A new protected disclosure unit and system of reporting was set up within the organisation.

From here on in, if allegations of malpractice arose, they would be investigated to root out the bad stuff and ensure that learnings were taken. That was the theory.

It didn’t take long for the practice to overtake the theory.

In 2019, a garda member in the force’s armoury section, Luke Rochford, made a series of protected disclosures regarding issues that concerned him.

A whole range of other issues emerged during this period. 

The main ones are:

• Gun parts imported under the guise that they were required for An Garda Síochána. A ministerial order was signed to effect the import. In reality, the importation was under false pretences. The parts were for a private gun club in Kildare.
• The storage of ammunition and arms in the armoury was a complete mess. A subsequent investigation would determine it was dangerous and represented a health and safety hazard. There was a proposal to assign arms expert and retired Defence Forces officer Ray Lane to organise the clean-up. Commissioner Drew Harris vetoed that appointment.
• A gun seized by gardaí in 2009 was not retained within the organisation as evidence. In 2023, it was seized for a second time. Records of weapons and ammunition were found to be completely inaccurate, giving rise to concern as to the safety of the system.
• Faulty ammunition
  originating in the armoury was supplied to garda specialist units. The armed officers were unaware of the faults. If an occasion arose where they would have had to use their weapons, there could have been very serious consequences.
• Holsters, which were acquired through the armoury, were flawed. Tests done on the holsters found that this equipment was dangerous. Detective Garda Eddie Connell was badly injured when his weapon discharged on duty in June 2020. Detective Garda Colm Horkan’s gun was grabbed by Stephen Silver, who then turned the gun on the garda and shot him dead. Both gardaí were wearing the defective holster.

Holsters represented a danger to gardaí

The Garda Technical Bureau determined under laboratory conditions that the holsters represented a danger to gardaí.

No fault or complaint was made about the testing done by the Technical Bureau.

Notwithstanding that, a second opinion was sought by garda management, which returned the verdict that the holsters were flawed but not dangerous.

A short time later, the holsters were withdrawn from use.

Some of these matters were investigated fully, others not.

There has been no sanction applied to anybody within the force as a result of these investigations.

In 2023, Luke Rochford was charged with criminal matters related to possession of ammunition.

His trial has not yet taken place.

His case has been raised repeatedly by Michael McDowell in the Seanad.

Brian O’Reilly, who headed up the Technical Bureau and made disclosures about the holster and other matters, went out on sick leave.

His pay has been stopped.

Donal Corcoran

Donal Corcoran was head of the protected disclosures unit, where disclosures were processed and set up for investigation.

He was so frustrated at what was happening with the disclosures that he ended up making one himself about the process.

He is out on sick leave.

His colleague, Rose Sweeney, a civilian member of An Garda Síochána, is also out after she highlighted major problems in the system.

Retired army commandant Alan Kearney was effectively hounded out of the Defence Forces on charges for which, it was ultimately found, there was no evidence.

His problems began after he was contacted by Luke Rochford in 2019 for advice on what he was seeing in the garda armoury.

Before joining the guards, Rochford had been in the Defence Forces, where Kearney was his superior officer.

Kearney is convinced all his woes are directly as a result of his communication with Rochford.

What has emerged is that there is no brand new day.

Whistleblowers have not been protected

Those who are called whistleblowers have not been protected.

What they have reported has not been accepted as an attempt to correct what is wrong and ensure there is no repeat. The messenger has not been welcomed.

Instead, the old instinct of covering up to avoid scandal appears to have been the guiding compass.

At a political level, the reaction is also out of a dog-eared playbook.

Both the incumbent as justice minister Jim O’Callaghan, and his predecessor, Helen McEntee, have insisted the right system is in place and everything is hunky-dory.

How could it be otherwise from their point of view, because wasn’t all this sorted out back in 2018 with the reforms?

The Horkan family wants a public inquiry.

So does Detective Garda Eddie Connell.

And the Garda Representative Association.

And the Irish Council for Civil Liberties.

At some point, something will have to be done.

The days when a bubbling scandal like this could be brushed away with platitudes are long gone.

Who’s who in disclosures row:

Superintendent Brian O’Reilly

As head of the Garda Technical Bureau, he was a very senior officer and highly regarded among his peers. Made a protected disclosure about malpractice and went on sick leave. Among the issues he raised was that of faulty holsters issued to armed gardaí. His disclosures weren’t investigated fully, and he went to the Minister for Justice, who ultimately sent the protected disclosure back to An Garda Síochána. Remains out of work.

Former garda Luke Rochford

He had already served in the Defence Forces before joining An Garda Síochána in the armoury division. In 2019, he made protected disclosures. Included in these were issues around the procurement and design flaws with the holsters. Also sought advice on what he was alleging from his former commander in the defence forces, Alan Kearny. He is currently before the criminal courts on ammunition charges.

Commandant Alan Kearney

After a sterling career, he was due to be appointed to the prestigious post of Captain of the Guard at the Houses of Oireachtas. Following interaction with his former colleague, Luke Rochford, he was subjected to a series of charges for court martial. After two years, no evidence was presented. He left the army shattered and believes his plight was directly attributable to issues in An Garda Síochána.

Detective Garda Colm Horkan

Murdered on June 17, 2020, while on duty in Castlerea, Co Roscommon. His assailant, Stephen Silver, managed to get possession of Det Horkan’s weapon and turned it on him, shooting the garda repeatedly. Det Horkan was wearing one of the controversial holsters and there is some suggestion that this made it easier to disarm him. Last week, the Horkan family called for a public inquiry into the affair.

Detective Garda Eddie Connell

Det Connell was shot with his own weapon when it discharged while he was on duty. An examination of the holster he was wearing found it was a dangerous piece of equipment that could have led to a discharge. Despite being seriously injured in the incident, Det Connell was investigated for reckless behaviour. When he became aware of the holster problem, he submitted a protected disclosure about it. This week, the Irish Examiner reported that he also wants a public inquiry.

Donal Corcoran

Career cop. Former head of the Protected Disclosures Unit in An Garda Síochána. Frustrated at continual blockages and diversions in dealing with protected disclosures, he made a protected disclosure himself and is now on stress-related sick leave.

Rose Sweeney

Member of the Protected Disclosures Unit in An Garda Síochána. She has alleged that investigation files into protected disclosures were interfered with and investigations blocked. She is on stress-related sick leave.

Former Garda Commissioner Drew Harris

Brought in to change the culture of An Garda Síochána in the wake of the Disclosures Tribunal, which examined how whistleblower Sergeant Maurice McCabe was treated. The plight of those who have made protected disclosures in recent years suggests that not a lot may have changed under his watch.

Current Garda Commissioner Justin Kelly

Highly regarded within An Garda Síochána when appointed last year. He was a senior officer when a number of the issues now being aired by various disclosers within the force came to the attention of senior management. There is no allegation against him personally.

Labour TD Alan Kelly

He was the first to raise the plight of Det Supt Brian O’Reilly and subsequently other disclosers. He made a series of allegations in the Dáil last year, practically all of which have turned out to be accurate.

Senator Michael McDowell

He has aired several issues in recent years around protected disclosures. He has been particularly focused on the circumstances around the pursuit and prosecution of Evan Fitzgerald, who took his own life. He has also raised the case of Luke Rochford.

Helen McEntee

She was Minister for Justice during most of the issues that have come to light from various gardaí. She was absent for some of it on maternity leave when her portfolio was taken over by Simon Harris. She has repeatedly stated that she did all that she could to protect garda whistleblowers, but has not answered questions as to why she returned a protected disclosure to An Garda Síochána, which she was asked to investigate.

Jim O’Callaghan

He has repeatedly stated that, in effect, there is nothing to see here. Last week, he did suggest there could be an inquiry when the inquest into the death of Det Horkan is completed, but that has all the appearance of kicking the can down the road.