Report finds Co Donegal gardaí negligent

by Betty Thu Jun 02, 2005 11:42

Carol Coulter, Legal Affairs Correspondent

The Government will consider dismissing senior members of the Garda Síochána criticised in the second report of the Morris tribunal, the Minister for Justice has said.

Michael McDowell pledged further Garda reform following Mr Justice Frederick Morris's report published yesterday, which finds gardaí were negligent in their inquiry into the death of cattle dealer Richie Barron in a hit-and-run accident in October 1996.

Mr Justice Morris found the inquiry was "prejudiced, tendentious and utterly negligent in the highest degree". He singled out Chief Supt Denis Fitzpatrick (since retired), Supt John Fitzgerald, Det Supt Joseph Shelley and Det Insp John McGinley who "all share in various degrees the burden of fault for this matter".

Mr McDowell said senior members of the force criticised in the report would be written to and asked if they wished to comment before the Government decided on any action. "I cannot prejudge any statement they might make," he said.

He also said that any disciplinary proceedings against members below the rank of superintendent was a matter for the commissioner, who would have to act in accordance with legal advice.

The report has also been sent to the Director of Public Prosecutions, Mr McDowell said.

The report's publication had to be brought forward to yesterday because an unknown individual hacked into the tribunal's computer system and obtained access to the report. Both Morris tribunal reports will be debated in the Dáil in two weeks.

Mr McDowell said the report's conclusions were "extremely serious, at times shocking". He congratulated Mr Justice Morris and his team for getting "as near as anyone could" to the truth "against a background of obstruction and mendacity".

The report said that from the moment Mr Barron's death was reported, gardaí were negligent in their investigation. They were "consumed" by the notion that Frank McBrearty Jr and his cousin Mark McConnell were guilty, though there had been no murder, and the two men were completely innocent.

Mr McDowell said he would immediately implement, through an amendment to the Garda Bill, the tribunal's recommendation that gardaí have to account for their actions as members of the force. Failure to do so could result in dismissal. He said the Garda Bill also provided for an ombudsman commission to investigate complaints against members of the force, and a Garda inspectorate to oversee its effectiveness and efficiency.

Taoiseach Bertie Ahern said the Bill dealt with the issues of accountability and management of the force. "As soon as it is enacted, we will have a better Garda Síochána force," he said last night. "In areas [ where] there are cases of difficulty in the gardaí, it is a minority. But it does happen and we have to deal with that."

Mr McDowell said that the garda commissioner had undertaken a comprehensive review of the findings of the first report. Mr Noel Conroy would soon be making public his proposals for management reform within the force, he said. The garda commissioner said yesterday he was studying the second report.

The tribunal stressed the need for an independent body to investigate complaints against the Garda Síochána, the need for Garda headquarters to take a more pro-active role in the management of local divisions, and the need for better communication between the force and the Department of Justice.

The Garda Representative Association said it was saddened by the report's findings and the "unwelcome negativity" it brought on its members. The association called for mechanisms in the new Garda Bill to protect the rights of members against disciplinary actions taken by management.

"The GRA has consistently lobbied and argued for such a mechanism so that it does not have to revert to the courts for a finding on behalf of its members in respect of disciplinary procedures. These findings are matter of public record by the superior courts and the GRA believes the tribunal is sending a confusing signal by questioning the right of the GRA to seek these findings when no other options are available to it or its members."

© The Irish Times