THE GARDA Ombudsman is to ask the Garda Commissioner to investigate a complaint about the handling of a previous Garda investigation into the misallocation of 3,000 votes during the European Parliament election count in Castlebar last June.
The Garda Ombudsman has upheld, in part, a complaint by former North West Independent candidate Fiachra Ó Luain.
Mr Ó Luain has claimed that a Garda investigation of a complaint he made on June 7th was inadequate. He has also alleged the garda involved in the investigation forwarded an inadequate file on the matter to the Director of Public Prosecutions.
Mr Ó Luain made a formal complaint to gardaí about the misallocation of ballots during the counting of European election votes in Castlebar last June. At the time, Libertas candidate Declan Ganley requested a recheck, during which it was discovered that Mr Ganley had been credited with 3,000 of Mr Ó Luain’s first preference votes in error.
In his letter of complaint to the Garda Ombudsman, Mr Ó Luain claimed that a named garda “completed an inadequate investigation, declining to interview various witnesses, and that he forwarded an inadequate file to the DPP”.
This part of Mr Ó Luain’s complaint is what will now be investigated by the Garda Commissioner.
The ombudsman’s office has now confirmed to Mr Ó Luain: “The Garda Ombudsman has considered the allegations of misbehaviour made in your complaint and has determined that your complaint is part admissible.”
The ombudsman has also informed Mr Ó Luain that depending on the result of the investigation, disciplinary proceedings may be taken. He can also have the matter reviewed by the ombudsman if he is not satisfied with that investigation.
Mr Ó Luain said he welcomed the ombudsman’s review of his complaint. “Like any citizen I would like to think that the law is on my side; however, since June, I have felt that certain gardaí as well as the Minister for the Environment, Heritage and Local Government, John Gormley, have been determined to do as little as possible, despite my repeated requests for full investigations.
“Although I feel a sense of cautious optimism, relief and vindication by this Garda Ombudsman decision, I am still baffled that those in Government and the opposition have not made more of an issue of this. A source within Leinster House told me that it is because I am an Independent that so little is being done about this misallocation. What does this tell us about the integrity of our elected representatives and the electoral process?” he asked.