Oireachtas Joint and Select Committees

Thursday, 1 June 2023

Committee on Public Petitions

An Garda Síochána Ombudsman Commission Annual Report 2021: Discussion

Mr. Peter Whelan:

When a death or serious harm occurs and the Commissioner makes the decision that it may have resulted from the conduct of a garda, he refers it to GSOC. When it comes to us, it is a case of we shall investigate so we must then carry out an investigation. Because such cases are so serious, we would carry out a very comprehensive investigation. It is usually very long and very detailed. There is a lot of evidence to be gathered and assessed. When that is finished, we write up a report and send it to the commission. The commission within GSOC will then consider it and if it thinks there was conduct that may constitute an offence, it will decide to send it to the DPP. The DPP then considers the file and decides whether it does or does not warrant prosecution. At that stage, if it decided it does warrant prosecution, it goes to a judge to issue the summons and at that stage, it goes into the court system for a court date. That is the process. If it involves a death, there may be a coroner's inquiry. That is where some information will come out. Nobody will have seen the evidence at this stage other than GSOC and the DPP so nobody commenting on any case will have viewed any evidence at that stage.

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