Claims Garda not co-operating with inquiry rejected

The Minister for Justice and the Garda Commissioner have rejected allegations the Garda has been failing to co-operate with an inquiry into complaints by Independent Socialist TD Clare Daly about her arrest on suspicion of drink-driving.

It has emerged that a letter sent by the Garda Síochána Ombudsman Commission (GSOC) to Ms Daly’s solicitor, which was revealed in the Dáil this week, is almost two years old.

The letter, which outlined a litany of delay and non-compliance on the part of gardaí, was read out by Independent TD Mick Wallace on Tuesday.

Since the letter was sent, the Garda complaints body has concluded its investigation and is deliberating on its outcome.

Mr Wallace did not refer to the correspondence being two years told when he read it out while questioning Taoiseach Enda Kenny.

In response to questions about Mr Wallace’s allegations, Minister for Justice Frances Fitzgerald said new protocols to improve relations and communication between the Garda and Gsoc were working and no issue had arisen with any current Gsoc investigation.

“If there was a problem with any particular case, the Garda Commissioner would know about it and I would know about it,” she said.

Garda Commissioner Nóirín O’Sullivan said: “I am certainly not aware of any member of An Garda Síochána not co-operating with the Ombudsman Commission.”

Recruitment

The Minister and the Commissioner were speaking at the Garda College in Templemore at a passing out ceremony for 99 new gardaí. They are the first class to graduate since recruitment recommenced last year.

Ms Daly complained to Gsoc in 2013 about the manner of her arrest and the leaking of details to the media. Gsoc said yesterday it could not comment on an ongoing case.

The Garda Representative Association said Mr Wallace had deliberately created the impression gardaí had for two years failed to co-operate with the inquiry. The association’s representative for the Dublin south central division, Damien McCarthy, said Mr Wallace’s actions were “unacceptable and totally unfair”.

He said his members involved in the arrest of Ms Daly in January 2013 – on suspicions of drink-driving that proved unfounded – and other gardaí who were witnesses had voluntarily gone to Gsoc and given full accounts of what had occurred. But now an incriminating allegation had been made accusing them of not co-operating.

Dáil privilege

Because the statement had been made by Mr Wallace under Dáil privilege, the gardaí could not defend themselves.

“This has damaged the investigative process,” he said in relation to the Gsoc inquiry. “We wrote to Gsoc on a number of occasions looking to be updated on progress in the investigation and we received a standard reply of a few lines acknowledging our letter and saying the inquiry was still ongoing. But now we know the complainant, Clare Daly, was getting much more detailed replies to her request to be updated.”

Mr Wallace told The Irish Times he had not tried to present the correspondence as current, adding that he spoke to Mr Kenny after their Dáil exchange and explained to him when the letter was sent. He had set out to highlight the fact that what he believed should have been a straightforward inquiry was still not concluded.