Michael Creed (Cork North West, Fine Gael) | Oireachtas source

I appreciate that and do not wish to name anyone whose permission to do so I have not received regarding the allegations I am about to make. I will address the bones of the issue and try to trespass lightly, or not at all, on the rights of third parties. The Acting Chairman might keep in contact with me about it, but I appreciate his guidance.

As I understand it, the Garda's attention had been brought to a series of events prior to those murders that Garda Sergeant Ciaran Sheehan had discussed with his superiors and in respect of which he wanted action taken. Subsequently, Mr. O'Donnell went to the UK, where he was incarcerated. There was a question of whether he should have been brought home to face charges in Ireland. It was not pursued, and when he was released from incarceration in the UK he returned to Scariff in County Clare. Subsequently, those tragic murders took place and he was convicted of them.

The offences that Garda Sergeant Ciaran Sheehan wanted investigated related to threats involving firearms. As Deputies will recall, firearms were used in those tragic murders. The offences were not pursued. As I understand it, this was at the direction of the superiors of Garda Sergeant Sheehan, who has brought this matter to my attention. Garda Sergeant Ciaran Sheehan was subsequently summonsed by the Director of Public Prosecutions, DPP, in respect of that trial but was directed by his Garda superiors not to attend it.

There are significant issues at play here. After Garda Sergeant Sheehan became quite vocal on these issues, allegations were made by a third party against him. A complaint was made that he attempted to put pressure on a complainant to withdraw a statement. This case is being contested by Garda Sergeant Ciaran Sheehan. Two witnesses have stated that he never attempted to interfere with the person who made the statement, but those are the grounds on which he was dismissed from the Garda - namely, that he had attempted to get someone who had made a complaint against him to withdraw it. This all relates to the original issue of the murders in Scariff and what precipitative actions could have been taken. These are obviously raw and emotional issues for the families involved. In the context of alleged Garda malpractice and in the public interest, I would like to think this matter, which has had a significant impact on the local community - particularly the bereaved families and Garda Sergeant Ciaran Sheehan - should be investigated. There is ample record within the Garda of this matter. Given its significance, I trust that it can be considered for further inquiry and investigation.

It is critical that we put in place a robust system to ensure that gardaí are supported in the pursuit of their duty to the public of proper policing. Mechanisms must be in place allowing them to feed in their concerns about maladministration of justice within the force, as well as proper complaints procedures, etc. There should not be a fear that if someone dares to be different or steps outside the cosy consensus, he or she will be ostracised. It is a question of having a process.

Regrettably, it appears there is not a sufficiently robust process to allow members feel confident in making a complaint against a colleague or superior officer. That is the challenge we face. It is important that the public have confidence in gardaí and I have no doubt that is an issue that will exercise the minds of the Minister and her colleagues in the Department of Justice and Equality in the coming weeks and months as we attempt to move on and support gardaí in carrying out their duties and ensure that those who are not doing their job well are identified and dealt with. The overwhelming majority of gardaí are committed public servants doing a good job, but they have been failed at leadership level and in terms of being provided with opportunities to make complaints and have them dealt with seriously. That is the challenge.

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