The decision by the Minister for Justice, Mr O'Donoghue, to appoint an eminent legal person to examine the various reports and investigations connected with allegations of Garda wrong-doing in Co Donegal is a limp response to a most serious situation. It has the hall-marks of political window-dressing, aimed at creating the impression of action while buying time before a general election. In the five years since the death of Mr Richard Barron, who now appears to have died - as originally suggested - as a result of a hit-and-run accident, no clear explanations have been given as to why the Garda S∅ochβna initiated a murder inquiry. We do not know why a formal request for an autopsy, made to the Department of Justice in 1997, was put on hold for four years.
What we do know is that the Garda Commissioner, Mr Patrick Byrne, has ordered three internal investigations into the conduct of members of the force in the region. The handling of the investigation into Mr Barron's death and other related matters were examined, along with claims that explosives were stolen from Garda care and hidden in special caches so that certain officers would get credit for these finds. Arising from those inquiries, one member of the Garda has been charged with the unlawful possession of a firearm and five civilians have been charged with making false statements to the Garda. Last summer, without any explanation, more than 150 summonses against members of the McBrearty family of Raphoe were dropped in the District Court. And, last week, the High Court granted Mr Frank McBrearty leave to compel the Garda Commissioner to investigate allegations of perjury by five Garda officers.
The Minister for Justice has rejected criticisms of his handling of the affair. In the Dβil yesterday he said the Attorney General, Mr McDowell, had advised him that civil and criminal proceedings should be allowed to run their course before consideration was given to a sworn inquiry.
Mr O'Donoghue has accepted that advice. But he now speaks of appointing "an eminent legal person" who would examine all relevant papers and the progress made on investigations generally to see how matters could be finalised. This is a smokescreen. The Minister has possession of all the papers and reports. Where public confidence in the Garda S∅ochβna is concerned, the buck stops with him.