New Garda Ombudsman

[perprojustice]

The Ombudsmans office have made a statement that there is nothing sinister into their investigation of a death in Garda custody stating that they are obliged to hold an investigation into every death in Garda Custody.

I do not recall such a statement being made before by the GSOC.

Is this a new departure and a sign of more openness under a new chairman or an acknowledgement that investigating custody deaths and traffic accidents will still be their main function.?

It does seem to be a new departure. We hope that it will not just stop at that. As I said before we will give the new chairman a chance.

Perhaps he feels he is old enough and has done enough in his life and careers to be his own man now.

[perprojustice]

And is this because of a widespread paranoia or due to a widespread knowledge amongst Gardai that the officers will try and screw them to cover their own failings when the GSOC come a knocking

I think that the Gardai are correct to fear such investigations especially as they are carried out by a commission appointed by the government; tarnished by the governments lack of transparency in the appointment of the new chairman and are then pitted against the officers who are government appointees also.

[candi]

I think that the Gardai are correct to fear such investigations especially as they are carried out by a commission appointed by the government; tarnished by the governments lack of transparency in the appointment of the new chairman and are then pitted against the officers who are government appointees also.

I have just seem on another thread where He3 posted as follows

Originally Posted by He3 View Post
And when he sees something in it that he thinks is not right he can get someone to write a letter for him like this one:

PERHAPS you would permit me to correct two errors in your reporting of comments of the Minister for Justice, Equality and Law Reform in Dáil Éireann on March 5 (‘Ahern refuses to explain dropped case’, March 6).

The headline and first paragraph of your report give the completely wrong impression as to how the criminal justice system works. The fact is that decisions on whether or not to initiate, or continue, a criminal prosecution are matters solely for the Director of Public Prosecutions who is the independent prosecution authority in the State.

The minister has no role whatsoever in this process. Indeed it would be highly improper for the minister to seek to influence in any way decisions of the DPP in criminal cases.

This is something which successive Ministers for Justice, Equality and Law Reform have explained on numerous occasions, inside and outside the Dáil.

Therefore, there can be no question of the minister being in a position to explain why the case was dropped, let alone refusing to do so.

I would also like to correct the statement that the minister has received an interim report from the Garda Ombudsman’s office.
[COLOR="Green"]As the minister informed the Dáil during the debate, he received an interim report from the Garda Commissioner in the case. That interim report was passed to the Garda Síochána Ombudsman Commission.[/COLOR]

Mary Jordan
Press Officer
Department of Justice
Equality and Law Reform
St Stephen’s Green
Dublin 2

The widely relied upon principle of That is outside my remit would be a rich topic for a poetic satire by someone like Joe O'Connor

and my response observation as follows

"[COLOR="DimGray"]Having reread your post and in particular Mary Jordans letter it struck me that she stated that the Minister for Justice passed an interim report from The Garda Commissioner to the Garda Siochana Ombudsman Commission.

Now I do not believe I am wrong when I say that the GSOC have stated that they commenced a section 98 investigation-investigation into complaints that appear to involve offences in this matter.

Why is the Minister for Justice interfering with or influencing the GSOC in its investigation by forwarding to them a report from the Garda Commissioner, a report that could be biased or otherwise.

This is very serious and needs investigation.

The Minister for Justice is granted the power to instruct the GSOC to hold an investigation but not to interfere in an ongoing matter by handing them a report from the Garda Commissioner"

[/COLOR]


Garda Siochana Ombudsman Commission
Press Release
Friday 5th September 2008, 11.00am

Garda Síochána Ombudsman Commission

Call for Public Interest Inquiry into the case of Mr Kieran Boylan.

The Garda Síochána Ombudsman Commission would like to clarify its position in regard to the case of Mr Kieran Boylan against whom criminal charges were dropped on July 31st when the State entered a plea of ‘nolle prosequi’.

A number of public representatives subsequently called on the Commission to open an investigation into these matters in the public interest, as provided for under section 102(4) of the Garda Síochána Act 2005.

The Act provides for such an investigation when it appears to the Commission that a member of the Garda Síochána may have (a) committed an offence or (b) behaved in a manner that would justify disciplinary proceedings.

Recent media reports have stated that the Commission has decided not to open a public interest investigation in this case. No such decision has been taken.

The Commission has an ongoing investigation under section 98 of the Act into related matters. It is of the view, taking into account the advice of its senior investigations staff, that while opening a public interest investigation would offer no operational advantage at this time, the option should remain open and under consideration.

Ends.

For further information please contact;

Graham Doyle – 086 6079456




Additional Information;

Brief Explanatory note re; section 98 of the Garda Síochána Act 2005.

Section 98 of the Garda Síochána Act 2005 relates to the powers of the Ombudsman Commission’s designated officers for the purpose of investigating complaints that appear to involve offences.

Section 98(1) provides that a designated officer has “for the purpose of the investigation all the powers, immunities and privileges conferred and all the duties imposed on any member of the Garda Síochána by or under any enactment or the common law…”

Section 98(2) explains that references in any enactment to a member of the Gardaí is to be read as a reference to a designated officer of the Garda Ombudsman. Any reference to a member of the Gardaí at or above the rank of Inspector is to be read as a reference to a member of the Ombudsman Commission.

Section 98(3) provides that “Any person who delays obstructs or interferes with a designated officer in the exercise of the powers conferred or the carrying out of the duties imposed under this section is guilty of an offence..”



Does this not say it all.

[perprojustice]

We have heard very little, if anything from the Ombudsman of late. Has he gone to ground?

[candi]

Will the Garda Ombudsman interviene now that the Gardai and the DPP appear to be on the one word that the file on Una Hardester's retraction of the allegations that led to the wrongful conviction of Michael Hannon were lost-their excuse for not telling Michael Hannon about the new revelations.

http://www.politics.ie/justice/63766...ape-claim.html

Should be very interesting.

[candi]

I also believe that the GSOC failed to investigate over an almost two year period the complaints received concerning the ambush on and the break in to the home of the Garda who stopped John O Donoghue speeding.

[perprojustice]

I also believe that the GSOC failed to investigate over an almost two year period the complaints received concerning the ambush on and the break in to the home of the Garda who stopped John O Donoghue speeding.

I think that that fate was sealed when the new chairman was appointed.

[candi]

The Garda Ombudsman spends his/their time investigating traffic accidents. They have been forced to back off on other investigations.
It is very unlikely they will investigate the Una Hardester case and if they do it will take them years to do so.
They will forget that they are empowered to investigate older cases and use that as an excuse.