Mick Clifford: Drew Harris need not delve into history to find if lines are being crossed

A recent case in Limerick should provide the Garda Commissioner with plenty of food for thought about standards within An Garda Síochána

Garda Commissioner Drew Harris at An Garda Síochána's Centenary Commemorations said, over the last 100 years when the force “did not meet our own high standards or the standards expected of us”. Photo: Brian Lawless/PA

Drew Harris was in a reflective mood at an event last Saturday to mark the centenary of the handover of policing duties to An Garda Síochána. There were times, he said, over the last 100 years when the force “did not meet our own high standards or the standards expected of us”.

“We must learn the lessons of the past,” he stated in his speech. “And because history tells us that it is critical we learn the lessons of the past, we are striving to be even more open and transparent.”

If the commissioner is interested in learning there is a case not from the past but the present that would be a good starting point.

On Monday, Inspector Arthur Ryan heard that a recommendation to dismiss him for allegedly snorting cocaine was being overturned. The inspector has been suspended for the last three-and-a-half years in relation to the matter.

The allegation arose from a gathering in the Hurler’s Bar in Limerick city on  January 9, 2019. Arthur Ryan had been promoted from detective sergeant to inspector a few months previously. His friend, Superintendent Eamon O’Neill, had not been around to celebrate the promotion earlier as he’d been away with the All-Ireland winning Limerick hurling team. 

Ryan was heavily involved with Munster rugby, having served for years as a referee. O’Neill was a member of John Kiely’s backroom team with the senior county hurlers. They were in the company of a third garda that evening, sitting at a table in the public bar. 

The alleged incident, caught on CCTV, occurred around 6.30pm, soon after the third garda had left. Ryan is seen on the footage to put his hand towards his nose. So the scenario involved in the alleged snorting of cocaine had two veteran gardai, both of whom were heavily involved in high-profile sports in the city, sitting at a table in a well-known sports bar, and one of them takes a drug from his pocket and shovels it up his nose. 

There was no paraphernalia involved, no bank notes, straw, spoon or even lines laid out. It was just somehow taken from a pocket and sniffed, Eamon O’Neill apparently looking on as if this was the most natural thing in the world at half six of a Wednesday evening.

On May 15, 2019, both men were arrested in an early morning high-profile operation by the National Bureau of Criminal Investigation. They were questioned, released and suspended. Later that year, a file was sent to the DPP in Ryan’s case. The DPP said there was no grounds for a prosecution.

The following year, Eamon O’Neill took a High Court action, which was ultimately unsuccessful, to have his suspension lifted. In an affidavit he had this to say about the allegation against Ryan.

“I say nothing remarkable happened that evening. For the avoidance of doubt, Inspector Ryan did not take cocaine on that evening. I say that any reasonable enquiry by any investigator would reveal that Inspector Ryan is the least likely candidate to take or ingest an illicit substance. 

"There are an infinite number of garda colleagues who would be quite prepared to confirm his impeccable character and to their revulsion as it relates to the allegation. I believe that Inspector Ryan has gone to extraordinary lengths to establish his innocence.”

Retired chief superintendent Gerry Mahon, who offered to give evidence in the court action, swore as follows: 

I would say the purported events at the Hurler’s Bar, in my professional opinion, brings into disrepute the whole disciplinary process. 

"There appears to be no evidence of any illicit substance taken and it is not surprising that the Director of Public Prosecutions would not bring charges against Inspector Arthur Ryan.”

That High Court action was in June 2020. Later, Ryan retained a forensic expect – one previously used by the gardaí – who stated that it could not be concluded from the CCTV footage that he had snorted a substance. At a disciplinary hearing that evidence was heard - as was evidence from the garda side from a member who stated his belief after viewing the footage that drugs were taken.

The disciplinary board recommended that Arthur Ryan be dismissed. On July 25, 2022, following numerous delays and over three years since he was suspended, the appeal board heard his case. 

The board consisted of a senior garda who was recruited from outside the jurisdiction, a solicitor and a representative from the Association of Garda Sergeants and Inspectors. On Monday last, the inspector was informed that he had won his appeal, that finally it was accepted he did not take any drugs.

It remains to be seen if he can or wants to resume his career, but serious questions arise. When was it discovered that a major error had been made in arresting and suspending Inspector Ryan? What happened after such an error was discovered? 

Commissioner Harris does not need to delve into history to interrogate standards or inquire whether elements in the force may have misused their power. This case should be examined with some urgency and any outcome subjected to openness and transparency.