A criminal investigation has begun into actions referred to in the judgment of the Court of Criminal Appeal on the Shortt miscarriage of justice case, according to the Garda Commissioner. Mr Pat Byrne also said dismissals from the force are not being ruled out.
"We are reviewing the future of certain people," he said at an impromptu press conference following the launch of the Review of the Offences Against the State Acts yesterday. However, he added: "Everyone is entitled to due process. I will not wear the mantle of judge and jury."
The investigation is being undertaken by Assistant Commissioner Kevin Carty, and a report will be made to the DPP, he said.
The Minister for Justice, Mr McDowell, said the whole process of bringing forward legislation on the organisation of the Garda Síochána, including setting up an Inspectorate with the powers of an Ombudsman, was continuing, and he hoped to bring the legislation at the earliest opportunity.
"It is not awaiting the outcome of the Morris Tribunal or any court case," he said. "I hope to bring forward full reforming legislation."
Asked if the Shortt case would be referred to the Morris Tribunal, the Minister said there was a catch-all phrase in the terms of reference that allowed Mr Justice Morris to include it. He stressed that the State and the Department of Justice would be offering its full co-operation to that tribunal.
However, he said he did not think the support of the Irish people for the Garda had been damaged by the Shortt case. "The vast majority of the gardaí are upholding their oath in a way that is admirable," he said.
"The Irish people have a police force of which they can be proud, a legacy of honour, bravery and courage that is not to be case aside.
"The sympathy of people goes out to the ordinary, decent members of the gardaí at a time like this."