Callely allegations - Full Garda investigation is crucial

It is an affront to An Garda Síochána to suggest that the Seanad will have to convene after the summer break before an investigation can be held into allegations that Senator Ivor Callely submitted false expense claims.

Politicians are not above the law. It is imperative both from the perspective of police independence and political ethics that the gardaí should be seen to enforce the law without fear or favour.

Members of the Oireachtas are entitled to claim expenses of up to €750 for the purchase of a mobile telephone every 18 months, but there are allegations that Mr Callely submitted expense claims for €2,907.64 in 2007. Those were for four mobile telephones and car kits that were reputedly purchased between 2002 and 2005 while he was a minister of state.

The mobile phones were allegedly purchased from Business Communications Ltd, a company that had ceased trading in 1994, eight years before the first of the purchases. The allegation that forged invoices were submitted raises questions about the possibility that a serious crime was committed. It is therefore incumbent on the gardaí to investigate the matter.

There should be no suggestion that they should wait for instructions from the Justice Minister, or from the Oireachtas for the authority to investigate the matter.

Neither should there be any need for a formal complaint from any individual Dáil deputy. The gardaí should demonstrate their independence in this regard.

It seems ironic that in this matter relating to phones, Mr Callely failed to answer calls from a party official seeking an explanation into the accusations. The seriousness of the claims is emphasised by the decision to suspend him from Fianna Fáil “without prejudice, and pending the completion of an internal investigation”.

Having reviewed the allegations in the public domain, a five-member investigation team has been established to report to the Fianna Fáil Árd Chomhairle in September about whether there is a prima facie case to suggest “conduct unbecoming” a member of the party. The national interest requires much more immediate action.

Millions of euro have already been spent on judicial tribunals enquiring into matters that should possibly have been investigated by the gardaí in the first instance. Nobody has suggested a judicial tribunal in this instance. Trust and confidence should be place in gardaí to investigate the matter properly.

Mr Callely is, of course, entitled to the presumption of innocence and due process. Last month the Committee on Members’ Interests recommended that he should be suspended from the Seanad for 20 days and have his salary for the period withheld for intentional misrepresentation of his expenses. That was a different matter and nobody should jump to any conclusions in regard to the latest allegations.

They are so serious that they must be fully investigated, regardless of whether Mr Callely decides to retire from the Seanad in connection with this or any other matters.