The Garda Representative Association (GRA) has criticised what it called the “excessive and oppressive” manner in which the Garda Síochána Ombudsman Commission investigated Garda Brendan Whitty, who was acquitted yesterday on assault charges.
Gda Whitty (29), who is stationed at Kevin Street Garda station, had pleaded not guilty to assault causing harm to Keith Murphy on Thomas Street in Dublin on September 20th, 2007.
The trial had previously heard that Mr Murphy died hours after the alleged assault but that his death was from a drug overdose and unrelated to the garda’s actions. The jury of six men and six women took less than an hour to find Gda Whitty not guilty.
In a statement, the GRA said it welcomed the unanimous acquittal of Gda Whitty. “We believe the result was never in doubt as the garda used his baton effectively, proportionately and legitimately,” it said.
GRA president Damien McCarthy said that while he welcomed independent investigations, he had requested an urgent inquiry into the manner of the investigation and prosecution.
“We will be calling for the Minister for Justice, Equality and Law Reform to launch an inquiry into the conduct of certain members of the Garda Ombudsman Commission regarding what we deem to be excessive, and indeed oppressive behaviour," he said.
“The GRA has repeatedly warned that gardaí are reluctant to draw batons even in emergency situations - a scenario nonchalantly dismissed by a senior figure within the Ombudsman Commission. The investigation and prosecution of Gda Whitty is stereotypical of the reason gardaí hesitate to draw batons,” he added.
In a statement this afternoon, the Commission rejected the GRA's allegations.
"The GSOC did, in the course of its investigation, seek the cooperation of witnesses for the State including Garda witnesses. We would expect that such cooperation would be forthcoming, particularly from members of the Garda Síochána at all times," it said.
"The GSOC's lawful authority to investigate the behaviour of members of the Garda Síochána is given by the State to GSOC under the Garda Síochána Act. We reject any suggestion by the GRA that, in collecting evidence at the request of Counsel for the State in a trial before the courts, it exceeded these powers."