THE GARDA Síochána Ombudsman Commission (Gsoc) has rejected suggestions by the Garda Representative Association (GRA) that gardaí are reluctant to use their batons to subdue aggressive attackers for fear of being investigated by the commission.
Gsoc has also said a code of silence within the force, or “Blue wall”, highlighted at the Morris tribunal, was still partially intact.
In an interview with The Irish Times, one of Gsoc's three commissioners, Conor Brady, accused both the GRA and Association of Garda Sergeants and Inspectors (Agsi) of making misleading and "plain wrong comments" about Gsoc because it "played well" to give Gsoc a "good kicking".
“The vice-president of GRA, Damien McCarthy, said that some gardaí are reluctant to draw their batons because they will be investigated by Gsoc,” said Mr Brady.
“But I don’t know what he based the comment about Gsoc upon. Out of 4,000 complaints we’ve examined, perhaps 20 involved baton-strikes. In only one of these cases have we sent a file to the DPP. I think that indicates that no garda using force lawfully and proportionately has anything to fear from Gsoc.”
The GRA represents all rank and file gardaí; almost 12,000 of a near 15,000-strong force.
Mr Brady, a former editor of The Irish Times, said some Garda members still had "difficulty getting their heads around the reality of independent oversight" represented by Gsoc.
However, this would take time, and many members were already adapting well. Most gardaí took the view that Gsoc was professional and absolutely impartial.
He said while Gsoc always tried to engage in constructive dialogue with the GRA and Agsi, the relationship with them had not always been easy. “Some public comments by association officers maybe haven’t been helpful – apart from being plain wrong or misleading in some cases,” he said.
“But they are elected to represent the rank and file and maybe giving the ombudsman an odd kicking plays well at annual conference,” Mr Brady added.
When asked whether some members “closed ranks” – a practice highlighted at the Morris tribunal – during the investigation of alleged wrongdoing, Mr Brady said: “The ‘Blue Wall’ phenomenon will always be there in some degree. Yes, we have encountered some instances of it. But we have also encountered some cases in which gardaí have made it clear that they will not tolerate serious misconduct on the part of colleagues.
“We have a number of cases under inquiry at the moment which will probably test the attitudes of some Garda members to what Morris highlighted.”
Gsoc began operating in May 2007. It took over from the Garda Complaints Board in investigating any complaints made against Garda members. Gsoc has its own independent investigators. The complaints board used gardaí to conduct investigations against their own colleagues.
Gsoc has the power of arrest, detention and search. It can send files to the DPP recommending prosecution of Garda members. It can also investigate any issues that it deems to be of serious concern, even if a complaint is not made.
To date it has not arrested any Garda members, opting instead to interview them by arrangement, and “discreetly”.
It has only used one search warrant in its investigation of almost 4,800 complaints.
Gsoc is chaired by Mr Justice Kevin Haugh. The other two commissioners are Mr Brady and Carmel Foley, the former director of consumer affairs.
Mr Haugh has signalled his intention to step down from his position next month. He will be replaced by Government appointment.
Mr Brady and Ms Foley have both indicated to Government that if either one of them is appointed chairman, the other would be willing to remain on as a commissioner.
