A strong ombudsman would defend the innocent from wayward gardaí

IT gives an insight into the warped thinking of this Government when it seeks to justify the ban on smoking on health grounds but still earns millions from the industry by holding shares in tobacco companies.

Bar owners are beginning to be prosecuted for allowing people to smoke on their premises, while the Government had absolutely no problem in accepting €24 million last year from investments in those companies.

Charlie McCreevy, the Finance Minister who is on his reluctant way to Brussels to become Commissioner for whatever, declared he could see no contradiction in the pension board investing taxpayers’ money in cigarette firms.

It is bizarre to think that taxpayers will be prosecuted for indulging in the products manufactured by companies in which their own money has been invested by the Government.

Hypocrisy has been the hallmark of this particular Fianna Fáil - Progressive Democrat conglomeration and we have seen numerous examples of it since they conned their way back to power.

One of the most glaring, deplorable examples of their convoluted thinking is in the continued refusal to pay the costs for the McBrearty family for the Morris Tribunal. Everybody else involved in it, apparently, have their costs covered, but not witnesses who are crucial to it.

All those representing State agencies, including the gardaí and the Minister for Justice, are represented and their costs are being paid either by the State or by representative bodies.

So far, the McBreartys have incurred in the region of half a million euros in legal fees over the past eight years. To be represented at the Morris Tribunal would cost them about e1m in legal fees.

Their court cases relate to alleged harassment of the family and associates after the death of Richie Barron in Raphoe, Co Donegal, in 1996. These and alleged corruption within the gardaí in Donegal are the subject of the Morris Tribunal.

We are only too well aware of the revelations from an interim report from Justice Frederick Morris which found corruption and gross negligence among gardaí in Donegal.

Yet, despite the harrowing nightmare they have been put through by gardaí, Minister for Justice Michael McDowell has stubbornly refused requests from the family for legal aid.

Consider what they have had to endure so far. Frank McBrearty snr has had to defend almost 200 summonses and eventually was forced to resort to the Supreme Court to stop further District Court proceedings. Twelve members of the family were arrested at various points and are taking High Court actions for unlawful arrest and imprisonment. There are about 20 to 25 actions going on at the moment, and the €500,000 they have had to meet so far does not include costs related to the Morris Tribunal.

Despite the rather dismal reputation of the legal profession, the McBreartys have been represented by Martin Giblin SC and associates for nearly eight years, who to date have received only nominal payments. However, even altruistic lawyers cannot continue to appear before drawn-out High Court cases and become engaged in interminable tribunals without being paid.

Solicitor David Walley represents the family. As he recently pointed out, none of the legal representatives could possibly represent the family at the Morris Tribunal without some sort of ongoing payment. It could take three years for the tribunal to finish and a further two years before costs are awarded.

A senior and a junior barrister and a solicitor would need to work full-time on a tribunal, said Mr Walley.

A team has already spent months assembling 10,000 documents on behalf of the McBrearty family. They were also represented when opening statements were made in Donegal nearly a year-and-a-half ago.

A top senior counsel, a junior counsel and a solicitor working for 215 sitting days of a tribunal each year would cost, at the most conservative of prices, in excess of €300,000.

The Minister for Justice has the power to defray the costs which the McBreartys would face, and, more importantly, it’s in the interests of justice that he should. It would not serve the public interest if they were prevented from appearing before the tribunal because of the cost.

The interim report from Mr Justice Morris revealed appalling and devastating practices among some members of the force in Donegal. But because of the way it is structured at the moment, it was not impossible that the same could happen again in any other part of the country.

IT’S obvious that the gardaí cannot, or will not, police themselves objectively, because what was revealed in Donegal showed serious flaws, even in officers not involved in the corruption.

Much has been said since, and even before, the Morris interim report that the Garda Síochána badly needs to be reformed so that the public can have full confidence in it, which they should.

One measure which Minister McDowell is not in favour of is a police Ombudsman, such as there is in Northern Ireland. Since Nuala O’Loan was appointed to the job, her office has been very affective. For some reason, Mr McDowell doesn’t want to know about it. Yet it is one sure way of restoring public confidence in the gardaí.

The Commissioner, Noel Conroy, while understandably defending the majority of the force, said that they were already answerable to the Dáil, the Government, the public and tribunals.

However, he was very short on answers when asked about disciplinary proceedings would follow for the gardaí criticised by the Morris Tribunal.

What was uncovered by that was incredible, but in many ways was removed from the daily lives of most people. Where ordinary people want to see the gardaí answerable to an Ombudsman is where they have genuine grievances which they want to pursue, and are somewhat less serious than members of the force planting explosives.

Labour Party spokesman on justice, Joe Cosello, made a very interesting suggestion during the week. He made the point that Chris Patten and Maurice Hayes, who reformed the RUC, should be asked to carry out a review of the gardaí. Joe Costello believes the Minister should scrap the Garda Bill in the wake of the Morris findings, which would include dropping the proposal for a three-person Ombudsman’s office, which the Minister envisages.

He said that a strong Ombudsman was all the more necessary given the extra powers the Minister was giving the gardaí, including the power, in certain circumstances, to issue their own search warrants.

Despite what the Commissioner says about being answerable to the Dáil, the Government, the people and Uncle Tom Cobley, Donegal still happened - and could happen anywhere else.

Minister McDowell should get over his reservations about a proper garda Ombudsman and give people the one thing that would help restore public confidence in the force.