DONEGAL Mayor Frank McBrearty has spoken of his ‘extreme anger’ at a fall-out between Gardai and the Garda Ombudsman – and demanded that Garda Commissioner Martin Callinan resign.
The Garda Síochána Ombudsman Commission found yesterday that key recommendations around the handling of criminal informants arising from the Morris Tribunal into Garda corruption in Donegal were not acted on at the time and have still not been acted upon.
Mayor McBrearty was fitted up for a murder that never took place – the death of cattle dealer Richie Barron in Raphoe in 1996.
Informants were told to make statements against him by corrupt gardai, the Morris Tribunal found. Mr Barron, experts later agreed, died as a result of being hit by a car and was not battered to death as gardai had originally claimed.
But the Garda commissioner’s rejection of the Ombudsman’s report has infuriated Cllr McBrearty.
“Here we are in 2013 and we have senior Garda management refusing the report of an independent oversight,” said the Labour Party councillor in a statement.
“In my opinion it questions the whole process set up in the wake of Morris and numerous other Garda scandals.
“The Commissioner should resign. He cannot take this position – this State is saying once again that there cannot be any control over Gardai and when there is, its reports can be rejected like this.
“I am furious and I am very angry to say the least.”
The Ombudsman’s report was into a four year investigation into the case of Kieran Boylan, a convicted drug dealer against whom further drugs charges were dropped in July 2008.
The report said gardaí had “withheld” evidence from it and this was “unacceptable”.
“It also has impacts adversely on the ability of the Ombudsman Commission to fulfil its statutory functions,” said the report.
“The absence of contemporaneous notes by members of the Garda Síochána made it difficult, and on occasion impossible, for the Ombudsman Commission to establish the truth in relation to key incidents and events.”
It said it had reviewed the old system of handling Garda informants that was in place before the Morris Tribunal recommended a newer, more comprehensive and transparent system of recording the names of informants and the level and nature of Garda contact with them. It also examined the new system.
It concluded that both systems were unsatisfactory, and that gardaí could still handle informants by simply bypassing the new system, which had been one of the main concerns about the old system.
Garda Commissioner Martin Callinan issued the following response. It is reproduced here in full:
‘I very much welcome the fact that the Garda Síochána Ombudsman Commission investigation has now concluded and that the Director of Public Prosecutions has directed, that there should be no prosecutions in relation to this case. It is very important in considering the findings of the Garda Síochána Ombudsman Commission that sight is not lost of that key point. I note also that the Garda Síochána Ombudsman Commission have decided not to pursue a disciplinary investigation.
It is a matter of great regret to me as Garda Commissioner and to An Garda Síochána generally that the Garda Síochána Ombudsman Commission regard the reason for the long delay in carrying out their investigation as being due mainly to difficulties which they perceived were experienced by the investigation team in obtaining evidence from An Garda Síochána. The Garda Síochána Ombudsman Commission decided not to give An Garda Síochána an opportunity to respond to these findings in advance so that our views could be taken into account and that we could address comprehensively any misunderstandings or issues which may have arisen. It would, of course, have been open to the Garda Síochána Ombudsman Commission to reach any conclusions which they wished after they had undertaken such a process, but at least it would have provided a proper opportunity, in fairness, to have a full picture given the voluminous materials furnished in response to their requests.
In the circumstances, the Minister for Justice, Equality and Defence has asked for my observations on the findings of the Garda Síochána Ombudsman Commission and it is obviously proper that I should first respond in detail to him, setting out the difficult issues which arose for the Gardaí in an inquiry of such a sensitive nature. I reiterate that I was determined, taking these matters into account, that An Garda Síochána would cooperate as fully as possible with the Garda Síochána Ombudsman Commission – who, of course, have a wide range of statutory powers available to them – in carrying out this investigation. I have been concerned that existing protocols for the exchange of information do not work in the interests of either An Garda Síochána or the Garda Síochána Ombudsman Commission in ensuring a speedy outcome to investigations and we have been in intensive discussions with the Garda Síochána Ombudsman Commission to address this issue. I am anxious that this matter be resolved as quickly as possible and I am sure that with goodwill on both sides, and a mutual recognition of the issues which each organisation faces, that it will be possible to do so at an early date. It is clearly vital that neither organisation does anything which would tend to undermine public confidence in the procedures for investigating allegations made against Gardaí. An Garda Síochána and the Garda Síochána Ombudsman Commission share the common aim of ensuring that all Gardaí carry out their work properly within the rule of law and it is fully accepted that the Garda Síochána Ombudsman Commission investigations must be cooperated with as fully as possible by every member of the Force.
It has been obviously a crucial issue for An Garda Síochána in its efforts to tackle crime and protect the public that the identities of those who provide information to it are protected. While not commenting in any way on any particular case, the difficult reality is that at times the people who are in possession of useful information have that information because of their background. It is of the utmost importance that An Garda Síochána have a system in place which both ensures that identities of persons are protected, while making sure that appropriate procedures are followed. Since 2010 a former Judge of the High Court has been appointed to monitor the operation of the Covert Human Intelligence System. That Judge has reported that An Garda Síochána are in substantial compliance with that system. Notwithstanding that, no system is incapable of improvement and An Garda Síochána welcome the opportunity to examine, and provide observations to the Minister on, the recommendations which the Garda Síochána Ombudsman Commission are making in this regard. However, it is in the public interest that I make it as clear as I possibly can, in the context of tackling serious crime and dealing with the treat posed by paramilitary groups, that An Garda Síochána will do everything possible to protect the identities of those who provide it with information in good faith.