Complaints time limit sees gardaí avoid court

THE vast majority of complaints against gardaí cannot result in a prosecution because the investigations are not completed within the required time, the State prosecutor said yesterday.

The Director of Public Prosecutions called on Justice Minister Michael McDowell to address the matter under legislation for the establishment of the garda ombudsman.

A DPP spokeswoman said the six-month time limit for summary prosecutions in the district courts applied to cases dealt with through the garda complaints procedure, as well as prosecutions generally.

“In the vast majority of cases referred to the director under the garda complaints procedure the time limit for summary prosecutions has already passed by the time his office receives a file,” she said.

The development follows an RTÉ Prime Time report on Thursday into alleged garda misbehaviour.

The DPP received 142 files from the Garda Complaints Board (GCB) in 2000, 168 files in 2001, 133 in 2002 and 168 in 2003.

Only nine of the cases referred in 2002 resulted in a prosecution.

Garda Complaints Board chairman Gordon Holmes said it was virtually impossible to comply with the deadline for summary prosecutions.

“Regretfully, the DPP is absolutely right. Some files have gone to the DPP in time, but to be perfectly frank very few,” he said.

Mr Holmes said two months can pass between the time the complaint is made and the time it is assessed and passed on to the Garda Commissioner and an investigator appointed.

“The investigation takes longer than it should. Frequently the investigator is a superintendent, so it’s an added chore for him.

“His investigation has to come back to the board and we have to send the file to the DPP within six months of the original incident, so it is virtually impossible.”

Mr Holmes said the GCB had no control over the speed of the investigation.

“We have no hand, act or part over the investigation. The commissioner appoints the investigation officer and we’re stuck. He’s answerable to the commissioner, not to us.”

He said there was an additional problem: “Very often, if a garda is complained of, he will initiate proceedings against the person who made the complaint.”

Mr Holmes said some investigations are ongoing since 2001.

He said cases can be sent to the DPP after the six-month period if the evidence supports a serious charge. In this situation, the garda can be charged on indictment before a circuit court.

Aisling Reidy, of the Irish Council for Civil Liberties, said: “A system which effectively excludes the prosecution of garda officers for assault or abuse of power is wholly incompatible with the Government’s obligations under the European Convention on Human Rights.”

A garda spokesman said the issue concerned the garda complaints procedure, which he said was the responsibility of the Garda Complaints Board.

The GCB and the Human Rights Commission have called for the period for summary prosecution to be extended to 12 months.

A department spokesman said Mr McDowell was looking at this issue in the context of the forthcoming Garda Síochána Bill.