A review of more than 200 complaints about garda misconduct and malpractice has been described as "inadequate" after it emerged that those who made the complaints will not be interviewed.
The Department of Justice has written to victims and families and others who made complaints, to inform them that the process will involve a paper review only.
This is despite a promise by Justice Minister Frances Fitzgerald that the review panel — made up of seven barristers — would speak to the families involved.
Under the process, each of the senior counsel will be paid a fee of €20,000, as well as a sum of €300, €550, or €800, for each case, depending on its scale and complexity.
The exercise, which was announced as part of the justice reform programme, will recommend whether these cases should be referred to the Garda Ombudsman Commission or to an existing commission of inquiry examining complaints by a garda whistleblower.
The review panel has been asked to make a recommendation to the minister on “what further action, if any, might be appropriate” in the 220 cases, within eight to 12 weeks.
But victims and their families, or other complainants, fear its determinations might not be fair if they are only based on the garda files.
**Text of my complaint: was as follows:
Date of Incident: 18/September/2013
Time of incident: afternoon:
Date complaint was submitted: 20/September/2013:
Location of Incident: Molsworth Street/Kildare Street. Dublin 2.
I was taking photos at the Garda security barriers at the junction of Molsworth Street/Kildare Street, of the protest that was taking place outside Leinster house.
Three men who I took to be members of Dail Eireann came up to the barrier on Molsworth Street, I exchanged casual conversation with one of them.
When they reached the corner of the barrier, the garda on duty, at that end of the barrier, refused to allow them through onto Kildare Street, from Molsworth street.
Then one of the protesters said to the garda, "they are suits, let them through" around this stage the Garda let these men through the barrier.
Then a group of protesters to my left and along the barrier, made a sudden push against the barrier.
At that point: I raised my camera with both hands as high as I could, above my head in order to get photos of the events that were unfolding along the barrier.
At this point, I saw a Garda emerge from around the gates of the Dail.
I saw him take something from his belt kit, he looked directly at me, making eye contact with me, he then sprayed my face with pepper spray.
At this point I was still holding my camera high over my head with both hands and for a minute or so I continued to take photos of the unfolding events at the barrier.
These photos included a photo of the Garda in question spraying belligerent protesters with pepper spray.
At this point I made my way with the help of members of the public into Buswells Hotel where I used water in the gents toilets to wash my eyes of the spray,
outside I received first aid from the protest group along with other people affected by the spray.
There was no reason at any stage why this Garda should have used pepper spray against me, he could see clearly that I was not a protester, but a photographer,
who posed no danger to anybody, but I was the first or one of the first that he sprayed, possibly to prevent me from taking pictures.
Nevertheless, I continued to operate my camera for long enough to take his photo.
I am quite sure that his action, of pepper spraying me was a deliberate assault on me. ENDS:
**Text of my complaint: was as follows:
Date of Incident: 18/September/2013
Time of incident: afternoon:
Date complaint was submitted: 20/September/2013:
Location of Incident: Molsworth Street/Kildare Street. Dublin 2.
I was taking photos at the Garda security barriers at the junction of Molsworth Street/Kildare Street, of the protest that was taking place outside Leinster house.
Three men who I took to be members of Dail Eireann came up to the barrier on Molsworth Street, I exchanged casual conversation with one of them.
When they reached the corner of the barrier, the garda on duty, at that end of the barrier, refused to allow them through onto Kildare Street, from Molsworth street.
Then one of the protesters said to the garda, "they are suits, let them through" around this stage the Garda let these men through the barrier.
Then a group of protesters to my left and along the barrier, made a sudden push against the barrier.
At that point: I raised my camera with both hands as high as I could, above my head in order to get photos of the events that were unfolding along the barrier.
At this point, I saw a Garda emerge from around the gates of the Dail.
I saw him take something from his belt kit, he looked directly at me, making eye contact with me, he then sprayed my face with pepper spray.
At this point I was still holding my camera high over my head with both hands and for a minute or so I continued to take photos of the unfolding events at the barrier.
These photos included a photo of the Garda in question spraying belligerent protesters with pepper spray.
At this point I made my way with the help of members of the public into Buswells Hotel where I used water in the gents toilets to wash my eyes of the spray,
outside I received first aid from the protest group along with other people affected by the spray.
There was no reason at any stage why this Garda should have used pepper spray against me, he could see clearly that I was not a protester, but a photographer,
who posed no danger to anybody, but I was the first or one of the first that he sprayed, possibly to prevent me from taking pictures.
Nevertheless, I continued to operate my camera for long enough to take his photo.
I am quite sure that his action, of pepper spraying me was a deliberate assault on me. ENDS:
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The family of Shane Touhey, whose body was found in 2002 in the River Brosna in Clara Co Offaly, told RTÉ’s Drivetime that they could have little faith in the review mechanism if it does not hear from them.
They believe the possibility of foul play was not adequately considered by gardaí, who concluded that Mr Touhey killed himself, and want the views of US-based pathologists to be taken into account.
Fianna Fáil’s justice spokesperson, Niall Collins, said people will lose confidence in the review process and its integrity if the concerns of families are not taken into account.
“The minister needs to recognise this inadequacy, remember her earlier promise to take these complaints seriously and put it right.
“Simply carrying out a paper exercise will not suffice.
“These cases represent people’s real life experiences and many feel that the justice system has failed them, they deserve at a minimum to be heard by this legal panel at least once,” Mr Collins said.
A spokesperson said the department “does not consider it appropriate to confirm whether or not particular cases are included among those being considered under the independent review mechanism, or to release information which might result in identifying a complainant or the individuals complained of.”
The barristers who will carry out the reviews are: Connor Devally; Aileen Donnelly; Paul Carroll; John Fitzgerald; Tony McGuillicuddy; Siobhán Ní Chúlacháin; and Karen O’Connor.
Complaints of misconduct
Among the allegations in the review of complaints about garda misconduct and malpractice are:
- Claims that a senior male garda in contention for the position of commissioner was one of several gardaí linked to beefing up arms finds and drug-running for criminals in Cork.
The allegation was raised in the Dáil by Independent TD, Mick Wallace, who said he was contacted by retired Garda Jack Doyle, who gave him a 27-page dossier of claims.
“Massive amounts of drugs were coming in and quantities were allowed to get into the hands of the criminal gang,” said Mr Doyle. “He told me how he was being well looked after financially by both the criminal gang and the gardaí.”
- Claims by a garda he was victimised after arresting a colleague for drink-driving. The issue was raised by Pearse Doherty TD who said in May that: “Garda Keith Harrison claims that, as a result of arresting a member of the drugs unit in Athlone for drunk-driving, Garda management maliciously set out targeting him while the arrested garda was afforded protection by garda management.”
- During the investigation into the death of Shane Tuohey, whose body was found in 2002 in the River Brosna in Clara, Co Offaly, following a night out with friends, gardaí concluded he died by suicide. However, the family believe there is evidence that points towards foul play that was not considered in a timely manner. Gardaí produced a witness statement from a woman claiming Shane was suicidal that was later denied in its entirety by the woman.
the campaign group www.justice4all.ie including a number of TDs and whistleblower John Wilson, said they have 83 files include claims that gardaí were involved in drug-dealing in Limerick or that they failed to properly investigate a number of deaths, which have been forwarded to the review.
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