Two gardaí against whom complaints have been made in connection with the controversial policing of an anti-globalisation rally in Dublin last May have taken High Court proceedings aimed at stopping the Garda Síochána Complaints Board from taking any further steps against them.
Garda Donal Corcoran and Garda David Gorman claim the investigation by the board has been "wholly compromised" as its chairman had been publicly accredited with "lifting the lid on a perverse cover-up". This was a reference to comments by Mr Gordon Holmes criticising the failure of some gardaí to identify others who wielded batons against protesters.
They also claim they are at a loss to explain why the board considered that the complaints against them be investigated by reason of public interest.
Forty-one complaints were made by the public about gardaí involved in policing the Reclaim the Streets event, most alleging excessive use of force. Four alleged that Garda Corcoran, of Mountjoy Garda station, Dublin, used excessive force against a number of people.
One complainant alleged Garda Corcoran threw him into the back of a Garda van and punched him in the mouth while a second alleged he hit him with a baton. A third said he was at a taxi rank on College Green when he was enveloped in a crowd of protesters and was struck three times with a baton wielded by Garda Corcoran, who was identified by the complainant from the front page of The Irish Times of May 7th.
The fourth complainant said Garda Corcoran struck her on the back of her head with a baton.
Garda Gorman, of Pearse Street Garda station, is the subject of one complaint alleging he was policing the protest without wearing identification letters and numbers of his shoulders.
In court yesterday, Mr Breffni Gordon, for both gardaí, applied for leave to take judicial review proceedings aimed at preventing the Garda Síochána Complaints Board from taking any further steps in its investigation into the complaints against his clients.
Mr Justice O'Neill said Mr Gordon established he had an arguable case and granted leave. He refused to grant a stay on the board's investigation but said he could apply for such a stay at any time. He returned the matter to December 16th.
Both gardaí argue the board and its chairman have effectively prejudged the issues in comments made at a press conference convened by the board on November 18th and in media interviews, particularly comments by Mr Holmes about the failure of certain gardaí to identify other gardaí who were alleged to have wielded batons. Some 150 gardaí were circularised by the investigator on matters involving identification issues but no identification was forthcoming.
Garda Corcoran and Garda Gorman expressed particular concern about comments by Mr Holmes in an interview with RTÉ radio's Five Seven Live in which Mr Holmes said: "Unfortunately the situation was that we have film available which identified clearly guards who were not involved.
"Equally those films showed very often the backs of gardaí who were wielding a baton with perhaps you might say excessive enthusiasm and we couldn't identify those members of the gardaí. But when we asked their colleagues, who are not being charged with anything, we found that each and every one of them seemed to forget who they were and we couldn't get any identification. We didn't get identification in any one case from a colleague.
"I suppose that speaks well of their loyalty to their colleagues but unfortunately it doesn't speak that well of their loyalty to An Garda Síochána generally, because it's something we didn't like."
The two gardaí claim the board knew or should have known any adverse comment had the potential to create a risk of unfairness.
Given Mr Holmes's comments, they claim they cannot get a fair hearing and that the board had breached its statutory duty to act fairly and independently. They claim it prejudged and pre-determined the character and motive of potential witnesses and their evidence in the contemplated statutory proceedings.
They further allege that during the November 18th press conference, Mr Holmes created a perception of bias.
