Garda whistleblower John Wilson has sought a meeting with the newly appointed justice minister over fresh claims of Garda misconduct.
The retired garda’s request for face-to-face talks with Frances Fitzgerald comes as the Government yesterday said the new claims were “very serious” and would be dealt with promptly.
Despite the pledge, Leo Varadkar, the transport minister, warned it was now clear that the Department of Justice was not fit for purpose and that An Garda Síochána was in crisis.
Mr Wilson is chairman of campaign group Justice4All, www.justice4all.ie a forum which includes several Independent TDs. The group have given 22 affidavits about allegations to the Department of Justice and 27 to the Department of the Taoiseach.
These claims include:
- The family of a man who say his death was not by misadventure and want another hearing. They claim no convictions were made as the person involved has connections with garda;
- A psychiatric nurse who says he witnessed the death of a patient in Garda handcuffs and who says he was subjected to ongoing harassment by gardaí after he went public with his claims;
- A doctor who claims some of his patients were brutalised while in Garda custody and that he was intimidated after refusing to keep quiet about the cases.
Mr Wilson’s letter, seen by the Irish Examiner, was sent to Ms Fitzgerald last week just after Alan Shatter resigned as minister. It says: “The replies received back from your predecessor were not sufficient. We still await the Taoiseach’s replies.
“Justice4All.ie seek to meet with you, Minister.
“We would value the opportunity to discuss our experiences face to face with you. We believe that, by having a discussion with you, you will be made aware first hand of how the system has let down the citizens.
“We believe that we can be of great assistance to you in getting a better Garda force and a better GSOC in place.”
Tánaiste Eamon Gilmore said the latest claims against gardaí were “very serious”.
“The important thing is that the allegations are examined and investigated as quickly as possible,” he said.
The Cabinet tomorrow will discuss options for a statutory inquiry on separate claims against gardaí by whistleblower Sgt Maurice McCabe and how they were not properly handled by the force or the Department of Justice. Sgt McCabe has said he feels vindicated, after the Guerin report last week recommended the full inquiry.
It found there was no independent investigation into Sgt McCabe’s concerns and that Mr Shatter failed under his statutory responsibilities to act on the Garda’s claims.
Sgt McCabe had his full access to the Garda Pulse system restored on Saturday.
The Oireachtas justice committee will this week begin hearings on changes to the oversight of the force, with contributions from campaign groups as well as representative bodies.
However, Mr Varadkar yesterday warned the force was in “crisis”, and suggested the Department of Justice was “not fit for purpose”.
Fianna Fáil TD Seán Fleming said there was “too much of a cosy relationship” between senior department officials and the force.
UPDATE:
There is speculation over the futures of a number of figures in the justice system this morning as the fallout from the Guerin Report continues.
It comes amid reports that the Government is poised to begin a major clear-out of the Department of Justice for its failure to properly investigate allegations of Garda misconduct.
The head of the Garda Ombudsman's position is under scrutiny over delays in passing on material to the Guerin investigation, while the Department's own Secretary General is under increasing pressure.
The Irish Examiner's Special Correspondent Mick Clifford says Brian Purcell's future could be made clear in the coming days, but it could be "in some jeopardy".
UPDATE: Garda misconduct ‘unlikely’ to be confined to one district: Rabbitte describes Guerin report as ‘shocking litany of serious allegations’
Mr Rabbitte described Seán Guerin SC’s report into wrongdoing in the force in the Cavan-Monaghan area as “extraordinary”.
“It is a shocking litany of serious allegations where the safety of Irish citizens was put at risk,” he said.
GSOC commissioner Kieran FitzGerald yesterday said he accepted its response to Seán Guerin’s requests for information for his report on the response by the State to Garda whistleblowers was too slow.
“The Department of Justice is not fit for purpose. They accepted what the gardaí told them.”
“The proposition that it is restricted, this kind of misconduct and misbehaviour - inadequate investigation, vulnerability of citizens - that it is confined to Cavan-Monaghan I think is unlikely,” he said.
Mr Rabbitte said the “horrors that were exposed in Donegal” by the Morris Tribunal had failed to bring about a much-needed cultural change in the force.
When asked on RTÉ Radio this morning if he supported the view of Minister for Transport Leo Varadkar that the justice system was unfit for purpose, Mr Rabbitte declined to comment, saying to do so “would be unfair to the new Minister for Justice [Frances Fitzgerald] who is still reading herself in”.
“If she thinks I do have any advice of merit, any advice I will give her in private,” he added.
Mr Varadkar said yesterday that the justice system had accepted Garda assurances without question when serious allegations were made about wrongdoing in the force, which was unacceptable.
Taoiseach Enda Kenny has committed the Government to a “root-and-branch analysis” of the practice of the administration of justice in the country and has also promised a full review of the operations of the Department of Justice.
The Guerin report investigated a dossier compiled by Sgt Maurice McCabe that made serious allegations of Garda shortcomings and malpractice in 10 cases. It also inquired into how the Garda, GSOC, the Department of
Justice and the minister for justice Alan Shatter responded to the allegations.
Mr Kenny has insisted the central issue arising from the report concerned “the practice, rather than the policy” when it came to the administration of justice.
“I would welcome the contributions of all the members of the Dáil because this is not just about politics”.
The new Minister for Justice Frances Fitzgerald last week declined to express confidence in the secretary general of her department, Brian Purcell.
“In relation to the secretary general, I have just been appointed to the department. I have just received this report so I will be having further discussions with him in relation to the content of the report,” she said.
The most serious finding in relation to the minister and his department was that it “accepted without question” Garda commissioner Martin Callinan’s response to the allegations made by Sgt McCabe.
“In effect the process of determining Sergeant McCabe’s complaints went no further than the Minister receiving and acting upon the advice of a person who was the subject of a complaint [the commissioner],”
the report said.Mr Guerin, in his report, concludes there is a basis for a commission of investigation inquiry for each of the 10 serious allegations identified by Sgt McCabe.
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