Oireachtas Joint and Select Committees

Wednesday, 26 June 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Reform and Related Issues: Discussion

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I want to raise an issue which occurred since we last met the Commissioner. On Tuesday, 26 March 2019, at approximately 8.30 a.m. a man in his night attire believing his life was in danger jumped from an upstairs window onto the street below in an attempt to get away from heavily armed black clad individuals who had their faces covered and who had just broken through a number of doors and into the bedroom where he slept. He did not know that they were members of An Garda Síochána. This happened in Dublin Street in my home town of Monaghan. I put salient questions regarding this incident to the Minister for Justice and Equality, Deputy Flanagan, on 9 April. He stated in reply that the deployment of specialist units, including the ERU is "solely the responsibility of the Garda Commissioner and his management team".

I appreciate very well the restrictions that apply regarding commenting on a matter that within a very short time, hours only on that day I believe, was referred to, and is now being addressed by, GSOC. There has been virtually a close down of any public commentary. There was a limited response from the press office to a local newspaper inquiry at the time that shed no light, and perhaps no light can be shed, because of the nature of the investigation by GSOC. Could the Commissioner comment on the sort of incidents where deployment of the ERU might be appropriate? In this instance, whatever the facts regarding the 26 March deployment in Monaghan town, a sleeping man, who has so-called subsidiary protection in this State, was, out of fear for his life, forced to take drastic action that resulted in serious injury, including a broken leg and serious back injuries. Has An Garda Síochána taken any post-discharge interest in this man's circumstances? He is now unable to work or drive, has very limited mobility and is obliged to wear a whole of torso metal lined vest. He has no medical card. He is an Afghan native. He has no capacity to earn and thereby provide for himself. When his partner is at work he has no one to turn to for the help he needs in carrying out his normal bodily functions. He cannot go to the toilet on his own and he cannot provide even something to eat for himself. I can only repeat what was said but it is a serious matter and that is why I raise it with the Commissioner, realising and understanding that there may be very little he can say at this point, but the man states that on identifying him on the street, one garda said to the other, "Wrong man". I do not know anything of that morning's Garda operation and who was or was not the so-called right man but whatever the truth of all, which has yet to reveal itself, will the gardaí, if they have not already done so, contact this man and seek to assist him in coping with his now very changed physical and emotional state, which is a direct consequence of the events that unfolded that morning and that dominated local media reports over that week?

This is a big issue. I do not question that there are situations where the ERU, or whatever unit was involved in this incident, needs to be deployed. Given that this was an innocent person and all that I have said regarding his circumstances now is there any sense of responsibility or a duty to see how he is coping? He has no family, no one to turn to, and his partner is also a non-national. I can only reflect what I am told. I cannot confirm it. I ask the Commissioner to take on board what I have said. It is a very serious matter, if indeed this is an innocent person. I can only take him at his word. It is not my job to establish that but for a significant number of people in our community there is real concern about this case. What can the Commissioner say to me about it?

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