The final report of the Commission investigating complaints of garda malpractice by Sgt. Maurice Mc Cabe has been published this afternoon.
Tánaiste and Minister for Justice Frances Fitzgerald has said that “victims of crime were not well served by An Garda Síochána”.
Tánaiste @FitzgeraldFrncs speaks to the media about the O'Higgins report: pic.twitter.com/5pZhk6aKHb
— MerrionStreet.ie (@merrionstreet) May 11, 2016
“Mr Justice O’Higgins has produced a thorough and thoughtful report which deserves the most careful consideration so that we can do everything possible to avoid a repeat of the issues which gave rise to the Commission of Investigation in the first place,” said Minister Firzgerald.
“Whatever controversies might have surrounded some of the issues dealt with in the report we should not lose sight of one central and unpalatable fact: the report identifies a number of cases where victims of crime were not well served by An Garda Síochána.
“That is as unacceptable as it is disheartening and we must take all measures open to us to ensure that these shortcomings are not repeated.”
RTÉ's Paul Reynolds brings the latest on the O'Higgins report findingshttps://t.co/LFi0i6pbho
— RTÉ News (@rtenews) May 11, 2016
The Commission arose from the report of May 6, 2014 from Sean Guerin, SC, to Taoiseach Enda Kenny concerning allegations made by Sergeant Maurice McCabe.
In its report, the commission observed serious flaws and failures in criminal investigations in the Cavan-Monaghan division, but said the failures it investigated were “at a human level and caused by poorly supervised individuals” and did not occur as a result of corruption.
Eight criminal investigations in which serious flaws were observed were specified, including assaults, dangerous driving, child abuse, and the case of Jerry McGrath, who murdered Sylvia Roche Kelly in Limerick while out on bail in 2007.
The report also states that Sgt McCabe is a man of integrity, who made his allegations out of genuine concern, even where the allegations were in some cases later found to be “inaccurate”, “overstated” or “unfounded”.
The report concludes there was “not a scintilla of evidence” to support a claim of corruption against former commissioner Callinan.
Minister Fitzgerald said that she now intends forwarding the report to the Policing Authority.
“I am asking the Garda Commissioner to examine the report and to indicate to me what further measures might be taken to try to prevent the type of difficulties outlined in it in relation to An Garda Síochána arising again,” she said.
“I am also seeking her proposals concerning the recommendations which it contains in relation to the Garda service.
“And I am forwarding a copy of the report to the Policing Authority in the context of its statutory role in relation to oversight of An Garda Síochána.”
The matters investigated were:
1. The investigation by An Garda Síochána of a public order incident and possible sexual assault on a bus at Kingscourt, Co Cavan on 25 February 2007;
2. The investigation by An Garda Síochána of an assault at the Lakeside Manor Hotel, Virginia, Co Cavan on 14 April 2007;
3. The investigation by An Garda Síochána of two incidents in 2007 involving Jerry McGrath, i.e. the assault on Mary Lynch near Virginia, Co Cavan on 30 April 2007 and the abduction of a child during the burglary of a house in Tipperary on 9 October 2007, and the management and coordination by An Garda Síochána of those investigations, in particular in relation to the question of bail; 9
4. The investigation by An Garda Síochána of a public order incident in Cafolla’s restaurant, Bailieboro, Co Cavan on 5 August 2007;
5. The investigation by An Garda Síochána of an incident of assault and false imprisonment of a girl in Cootehill, Co Cavan on 2 September 2007;
6. The investigation by An Garda Síochána of a dangerous driving incident at the Lakeside Manor Hotel, Virginia, Co Cavan on 27 December 2007;
7. The investigation by An Garda Síochána of an assault in Crossan’s public house in Bailieboro, Co Cavan on 23 May 2007;
8. The investigation by An Garda Síochána of sexual offences and child pornography offences in respect of which Michael Molloy was convicted in 2009, having particular regard to the loss of a computer seized during the course of that investigation;
9. The investigation by An Garda Síochána of the allegations made by Sergeant Maurice McCabe of malpractice and corruption in relation to PULSE records seized from him on 11 October 2010 at the Hillgrove Hotel, Monaghan;
10. The investigation by An Garda Síochána and the Minister for Justice and Equality and Department of Justice and Equality of complaints made by Sergeant Maurice McCabe in relation to matters at (a) to (i);
11. The investigation by An Garda Síochána and the Garda Síochána Ombudsman Commission of Garda disciplinary issues arising out of the above matters;
12. The general conduct of policing at Bailieboro Garda District in 2007/2008 with reference to the management and operational structure and resource allocation for Bailieboro Garda District, at the relevant times, including:
‘(We) expected better from An Garda Síochána.’
The commission said it acknowledged the cooperation it had received, but said its efforts to collect documents relevant to its work were frustrated at times by An Garda Síochána itself.
Documents were often not provided in a timely way, and as late as last October, the commission was told some had still not been discovered.
A failure to disclose such documents, particularly those available at Bailieboro garda station – described as “the epicentre of this investigation” – was “disappointing and difficult to understand”, the report states, adding the late discovery of these documents by the gardaí was “unhelpful and frustrating (and) “caused delay and extra work for the commission”.
The commission had accepted the apology of the Commissioner of An Garda Síochána for this delay, and said it was satisfied the failures were not due to a deliberate lack of cooperation. However, the commission said it “expected better from An Garda Síochána”.
Full statement by Tánaiste and Minister for Justice and Equality, Frances Fitzgerald
The Commission of Investigation, using the wide range of statutory powers available to it, has now established, as definitively as it is possible to do, the facts surrounding the difficult matters it was asked to examine.
Mr Justice O’Higgins has produced a thorough and thoughtful report which deserves the most careful consideration so that we can do everything possible to avoid a repeat of the issues which gave rise to the Commission of Investigation in the first place.
Whatever controversies might have surrounded some of the issues dealt with in the report we should not lose sight of one central and unpalatable fact: the report identifies a number of cases where victims of crime were not well served by An Garda Síochána.
That is as unacceptable as it is disheartening and we must take all measures open to us to ensure that these shortcomings are not repeated.
Inevitably, Mr Justice O’Higgins reaches a number of conclusions about the roles played by a number of persons in the events outlined in his report.
I hope all those affected can accept, as I do fully, that Mr Justice O’Higgins looked at the facts fairly and dispassionately and made every effort to do justice to the position of all.
I hope there can be general agreement too that what is important now is that the report is considered carefully in its totality and that we learn whatever lessons we can from it, particularly in the context of maintaining the high level of confidence which the community have in An Garda Síochána.
Some of the events investigated by Mr Justice O’Higgins go back almost a decade.
For my own part, I believe that it is abundantly clear that the system we had in place up to a couple of years ago to deal with reports of wrongdoing within the Force by members of it served no-one particularly well: not the people making the reports, not the people the subject of those reports, not the Garda Síochána and, above all, not the public.
This situation has been significantly transformed in a number of respects.
In particular, the Protected Disclosures Act 2014, which was part of the previous Government’s comprehensive approach to enhance the protection available to whistleblowers, provides a new mechanism for disclosures relating to An Garda Síochána.
Now, a Garda member may make a protected disclosure to the Garda Síochána Ombudsman Commission, a statutorily independent body with a comprehensive range of powers available to it, which, if it believes it is in the public interest to do so, may investigate such a complaint
Furthermore, there has been an unprecedented programme of Garda reform which, having had the honour of being reappointed as Minister for Justice and Equality, I am determined to continue to progress.
For all those changes which have taken place or are under way, it is important that we look specifically at what the report by Mr Justice O’Higgins has to say.
In this regard, I am asking the Garda Commissioner to examine the report and to indicate to me what further measures might be taken to try to prevent the type of difficulties outlined in it in relation to An Garda Síochána arising again.
I am also seeking her proposals concerning the recommendations which it contains in relation to the Garda service. And I am forwarding a copy of the report to the Policing Authority in the context of its statutory role in relation to oversight of An Garda Síochána.
I very much appreciate that the events outlined in the report have been traumatic for many people who have been affected by them.
It would be an injustice to those who brought events to light in the public interest and those who have lived under the shadow of these events for a long time, if we do not take on board the lessons from these events.
I hope they can take some reassurance from the fact that the examination of those events in this report will help serve to consolidate a programme of reform which will ensure we continue to have a Garda Síochána in which its members and the community it serves can take great pride.
