Gardaí told to review document storage system after sexual assault file destroyed

An Garda Síochána should conduct a review into the storage and retention of Garda investigation files, after the loss of a Garda file regarding an alleged sexual assault, a new report by the Garda Síochána Ombudsman Commission (Gsoc) recommends.

The report recommends that “consideration be given to establishing a standardised system for the filing of investigation files and that digital scans of files be maintained”.

The recommendation comes after a case in which an allegation was made that Gardaí failed to properly investigate a complaint of sexual assault made against a Garda member.

The member of the public alleged in her complaint that the Garda who she reported the abuse to in 2000 did not carry out proper enquiries, had a very “casual attitude” towards the seriousness of the allegations, failed to provide any victim support, and did not subsequently contact her as he had agreed, according to the report.

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A Gsoc-led disciplinary investigation was conducted and it found that no offence or disciplinary breaches were committed by the Garda member.

However, during the investigation it emerged that files relating to the original complaint received in 2000 had been removed for safe keeping to a container located in a local Garda station.

Gsoc was further informed that the files contained in the storage container had been damaged by water and that they were subsequently destroyed.

The “misplacement or loss” of any Garda investigation file was “an issue of concern”, the Ombudsman report stated.

A previous systemic recommendation had already been made to An Garda Síochána in relation to the loss of a garda investigation file regarding an allegation of sexual assault.

The Ombudsman report recommended current Garda policy and procedure should be reviewed regarding the effectiveness of its internal processes for the risk assessment of members or staff who are investigated for sexual violence and other serious crimes.

Among the report’s other recommendations was that An Garda Síochána should highlight to members the potential risk of hand sanitisers in areas frequented by the public.

This followed two incidents last year in which people ingested hand sanitiser in Garda stations. In the first incident, one person “was able to ingest the sanitiser without observation” in the public office.

The person concerned had known substance abuse issues. They were subsequently found unconscious in a public space and taken to hospital where they later died. There was no evidence that the sanitiser was the cause of death.

Separately, the report recommended that An Garda Síochána improve the monitoring of the health, safety and wellbeing of persons in custody, and that Gardaí ensure medical opinion is sought before a pre-comatose, comatose, or intoxicated person is incarcerated in a Garda station.