Garda Síochána Ombudsman Commission - first annual report:THE CHAIRMAN of the Garda Síochána Ombudsman Commission has rejected criticisms made at the annual conference of the Garda Representative Association.
"Some of the remarks make me think there is a misunderstanding of what we first are about," Mr Justice Kevin Haugh said yesterday, launching the first annual report of the commission.
"We can't decline to investigate matters just because the Garda Síochána say their actions were lawful. We may well conclude that at the end of an investigation. To say we should not investigate what they say is lawful is to miss the point."
He also said the commission was obliged to investigate matters involving off-duty gardaí where these might bring the force into disrepute.
Referring to the controversy over the search of a Garda station, he said this search had been resented by gardaí. But, he said, "that was a search that was carried out because it was thought appropriate due to the nature of the complaint. "We carried it out with a senior member of the local force in attendance. The search was videoed, which is best practice.
"There was no complaint made at the time of the nature of that raised at the GRA conference. I do not think that the search merits any kind of complaint or criticism. If we are told about any investigation being compromised, we will deal with it. From what I know that criticism was unwarranted."
On issues which were a source of tension with the Garda Síochána, he said there were requests from gardaí to receive details from the commission about complainants whose complaints were deemed inadmissible. He said that this was not appropriate.
"In a survey, 50 per cent of people said they hesitated to make a complaint because they feared it would make matters worse. They would be even more apprehensive if they thought a complaint which was a mistake would be made known to the guards.
"Clearly, the guards have to know who makes the complaint when it is deemed admissible, but not if they are inadmissible.
"This could be because they are out of time, or a person was mistaken about the identity of a guard, or a person not mentally too well. . . Why the guards should be interested in these things, I don't know."
Speaking later on RTÉ, commission member Carmel Foley said she wanted to "refute" the incoming GRA president's allegations about a case in the mid-west.
"In that case no issue was raised either before our search, during our search, or after our search. Our officers were accompanied by a senior Garda officer.
"I really wonder if this is all about gardaí being unable to contemplate the fact that another body can walk into a Garda station with a search warrant and conduct a search in their premises.
"I think they're going to have to get used to that."