Gardai investigation hamstrung by lack of Gardai co-operation

Tuesday November 19, 2002 16:00

by Aidan - IMC

The GCB announced its findings in the investigation into Gardaí behaviour at the RTS, was frustrated by lack of Gardaí co-operation

The investigation which was called “Historic” by the head of the GCB Gordon Holmes, a Limerick solicitor, because it created the first independent investigation into the police, and their actions at last May’s RTS. It was headed by Jim McHugh, a former Assistant Commissioner who had a team of former Gardaí at his disposal.

With the announcement a few weeks earlier that a number of Gardaí faced criminal proceeding arising from the Pearse St. investigation, there was a great deal of media attention into the Gardaí complaints board investigation.

Gordon Holmes made it clear how unhappy he was with the level of co-operation from Gardaí who where at the demo. Of the 150 Gardaí who were present at the demo 125 “declined” to co-operate with the investigation, which had no legal right to coerce them to do so. Of the 25 who did co-operate, many of these officers were unable to identified other officers on video footage. Some were not in the position to identify fellow officers, and some were “unable”. This was a matter that “concerned” Gordon Holmes. As was the matter of the 23 officers who declined to give reasons why they were not wearing identification numbers. These 23 officers will now face a tribunal under section 7(5) of the 1986 act.

The only officer who bothered to offer explanation to why he was without identification will also face disciplinary action. As will the three officers who were seen without numbers at an early point in the march, but later could be seen with their identification numbers would also face a tribunal. .

Gordon Holmes stated that the lack of identification was not part of a conspiracy to disguise officers identification. It was a “minor offence”, a “lapse in procedure”. The Gardaí commissioner has offered assurances that this will not happen again.

During the Q+A after the press conference, Jim Mc Hugh stated that a number of Gardaí who could be clearly seen “using batons” could not be identified because they were without numbers, and the unwilliness of their fellow officers to identify them.

This wall of silence from Gardaí on the ground, had “hamstrung” the investigation according to Gordon Holmes. He continued, asking the gathered journalists to remember that this was not a “peaceful march” and that a “car had been set on fire”. This ignorance of events, by the head of the Gardaí complaints board, ignoring that it was a abandoned car, and a smoke bomb, both of which arranged by RTS organisers, is disturbing.

Holmes labelled the whole event a disaster for the Gardaí, but did not elaborate. Was it a PR disaster? Was the “riot” (as Gordon Holmes labelled it) a policing disaster?

The simple fact of the matter is that the “minor” offence of not wearing identification and the closing of ranks of the officers on the day, has ensured that public servants who committed assault against the public while being paid, are going to walk away from this.

There are over a dozen civil cases against the Gardai arising from the RTS. The cost of these cases will be deferred to the tax payer. While the perpetrators will continue to draw salary.

The Gardaí complaints board can’t make Gardaí testify unless it’s to a tribunal, a step which is rarely taken. The weight of evidence against the Gardaí and the small amount of criminal cases proceeding againist them, has exposed the GCB as an inadequate policeman’s policeman.