Catherine Connolly (Galway West, Independent) | Oireachtas source

Seo í an tuarascáil. Tá sí léite agam cé nach bhfuil sé éasca í a léamh, ach tá sin tuillte ag na híobartaigh, muintir na tíre agus go háirithe An Garda Síochána mar tá sé thar a bheith tábhachtach dúinn. Ní féidir sochaí shibhialta a bheith againn gan muinín a bheith againn as An Garda Síochána. I have the report before me. Apart from the appendices, it runs to 369 pages. I have taken the trouble to read it, every line and page of it. If the Minister for Justice and Equality or the Commissioner had read it - there is still time - they might have given different statements. The Minister referred to some investigations being defective. If she had read the report, she would have found out that Mr. Justice O'Higgins said every investigation that he looked at was defective. I will come back to the Commissioner's statement about her difficulty in communicating instructions. I do not accept that there could be any difficulty, but I will come back to that.

Let us place this report in context. We have had the Morris tribunal, as referred to already by Deputy Ryan. It found corruption and neglect. Not long ago, Mr. Justice Morris attributed corruption and neglect to a number of gardaí in Donegal. At a conservative estimate, that tribunal of inquiry cost over €100 million, including the legal costs and the cost of compensating victims significantly. In addition to the two main victims, a some 55 further civil actions have arisen. The taxpayer quite rightly picked up the tab for the victims in that case. Then we had the Smithwick tribunal, which reported in December 2013. It clearly found collusion between the Garda Síochána and the IRA.

On top of that, GSOC has been involved in this inquiry and other investigations. As far back as 2013, GSOC expressed the most serious concern that the recommendations of Mr. Justice Morris had not been implemented and that the culture was not conducive to implementing those recommendations. All of this is against the background of other investigations, although I will not use my time to go into those investigations.

Strangely, in the preface and acknowledgements of the report, Mr. Justice O'Higgins makes a most serious statement. This has already been referred to by Deputy Ryan. On page 11, Mr. Justice O'Higgins states:

The commission is pleased to acknowledge the cooperation it received from all persons. However, the compliance with the obligation of making discovery by the gardaí was unsatisfactory.

This was in 2015, notwithstanding all the history of investigations. He went on to state:

A large volume of documents were not provided in a timely fashion, and as late as 12th October 2015, the commission was informed that many documents had not been discovered. In circumstances where these documents were readily available in Bailieboro garda station - the epicentre of this investigation - the failure to disclose them at the outset was disappointing and difficult to understand.

He went on to say that the late discovery of these documents by the gardaí was unhelpful and frustrating and that the commission would have expected better from An Garda Síochána. In other words, there was non-co-operation in 2015.

Before I go any further into the body of the report, I wish to note that as a councillor my experience has been that the people want community policing. They want a good relationship with the Garda and they want gardaí on the ground. Without this, we cannot have a civilised society. You know, Acting Chairman, of the importance of this service and how the lack of policing has led to the terrible situation in inner-city Dublin.

The representatives of that community still want the gardaí. Sergeant McCabe is an exemplary role model for the good gardaí on the ground because he persisted against all the odds, against the bullying, harassment, "Maurice the rat", and disciplinary proceedings, which the commission notes as extraordinary. Maurice McCabe was the only person named in Chapter 11 who was going to be subjected to disciplinary proceedings in the context of major sexual abuse by Fr. Molloy of a 14 year old boy. These incidents arose in 2007 and 2008 at a time when the Government of the day had no problem deploying gardaí to Mayo to police on behalf of Shell, a multinational, for-profit company, against the people. I was there and witnessed it. I have the photographs. I was photographed by gardaí and I photographed them as we stood in solidarity with the people and millions of euro of taxpayers’ money was spent on policing. At the same time Bailieboro Garda Station was not fit for purpose. The Commission visited and confirmed that it was not fit for purpose and not "conducive" to good policing. That was during the Celtic tiger and since, and now, although the economy has recovered, it remains so.

In his introduction, in chapter 1, Mr. Justice O’Higgins sets out what is involved and refers to various investigations, including the Morris tribunal. In 2006, the Morris tribunal identified the importance of a garda being able “to speak in confidence with a designated officer in garda headquarters should they have concerns about misconduct”. Deputies Daly and Wallace spoke yesterday of their concerns about the ongoing difficulties in the midlands in respect of whistleblowers who do not feel protected. This is 2016 and it was a concern of the Morris tribunal in 2006.

In chapter 2, an approach to the inquiry, Mr. Justice O'Higgins points out that it lasted for 34 days, sitting from 10 a.m. to 6 p.m. I congratulate those who worked solidly during that time for the common good. A total of 97 witnesses were called. He is at pains to say that this was not an adversarial system but an inquisitorial one to bring out the evidence as best as possible. The Commissioner said she was under a duty to instruct that there would be more or less vigorous cross-examination in respect of Sergeant McCabe’s credibility. I do not accept at all that she cannot tell us what directions were given.

In chapter 3 Sergeant McCabe is described as:

. . . the central figure in this commission of investigation. He is a dedicated and committed member of An Garda Síochána. He has brought to public attention certain investigations where the public was not well served. He has also highlighted certain legitimate concerns about procedures and practices in place at Bailieboro garda station. [I will continue to read because of the leaks already highlighted by Deputies and the damage to his reputation. It is important to balance that.] The events leading up to and including this commission of investigation have been extremely stressful for him and for his family over a long period of time. In particular, he considered that he was being wrongly blamed for certain errors in the investigation of the Fr. Michael Molloy case, and he was subjected to disciplinary proceedings for the first time in a long career. [It is acknowledged later on that there was no foundation to any disciplinary proceedings.] This was especially upsetting for him because he had no part in that investigation. He also had reason to believe that he was being “set up” and wrongly implicated in relation to important aspects of the Jerry McGrath investigation.

This was particularly upsetting for him because Mr. McGrath went on to murder a woman on 7 and 8 December 2007. The judge did say that he was “prone to exaggeration” or overstated matters but failed to put that in context. That description arises from the fact that on occasion Sergeant McCabe, despite his best effort, was unaware that perhaps a superintendent, like Clancy, was also taking action. Those slightly negative comments should have been put in the context of his persistence against all the odds in bringing matters of public concern to our attention at great cost to himself. This goes back to the Commissioner and the Minister. On page 24, Mr. Justice O’Higgins states: “Some people, wrongly and unfairly, cast aspersions on Sergeant McCabe’s motives; others were ambivalent about them.” Who were these people? Why are they not identified? Were they the two gardaí who are now the subject of the GSOC inquiry? We do not know. Do they include the legal team on behalf of the Commissioner? The judge goes on: "Sergeant McCabe acted out of genuine and legitimate concerns, and the commission unreservedly accepts his bona fides. Sergeant McCabe has shown courage, and performed a genuine public service at considerable personal cost. For this he is due the gratitude, not only of the general public, but also of An Garda Síochána... [He] is a man of integrity, whom the public can trust in the exercise of his duties.” Sergeant McCabe deserves that.

The judge continues: “In the circumstances outlined [...] the commission considers that there was a corporate closing of ranks. The commission does not consider that this was done consciously or deliberately. There was no question of bad faith.” This is interesting. The Byrne-McGinn inquiry gave a five page summary to Sergeant McCabe. The commission acknowledges that the “investigation did nothing to instil confidence in him that his concerns had been properly addressed”. He says that Byrne and McGinn upheld quite a substantial number of his complaints although that was not fully communicated to him as far as I can make out.

The chapters dealing with the various incidents find that all the investigations were defective and had serious flaws. It behoves the Minister and the Commissioner to read this and not to try to belittle it by saying “some”. They should, having read the report, say how they will deal with this in a comprehensive manner that we can trust. We deserve that but the victims deserve it more.

In respect of chapter 4 and the Kingscourt bus incident, the bus driver contacted Bailieboro Garda station to complain about the behaviour of several individuals. It was treated very lightly. The commission concludes: “Ms. Browne underwent a harrowing experience and was entitled to have the matter dealt with competently and professionally by the gardaí. Unfortunately, as is evident from the findings of the commission [...] her legitimate expectations in this regard were not met." The investigation of the incident by Superintendent Heller “was not particularly thorough”. That was followed by an investigation by Byrne and McGinn and significantly a core document was not made available to them. That was the detailed statement of Ms Browne who said she was terrified.

Deputy Coppinger touched on this matter yesterday when she referred to gender violence. I agree with her, and the case jumped out at me. This incident and a subsequent incident involving Ms Lynch and another woman who was screaming on a bus were all dealt with in a very summary and non-serious manner by the Garda. It is something to which the Garda and the Commissioner need to return. The commission notes that the garda in question demonstrated little enthusiasm about pursuing the matter and discouraged Ms Browne from proceeding. The PULSE entry noted that the statement of complaint was withdrawn and the parties resolved the issue amongst themselves. There was an offer of an apology and a €150 dinner voucher, which the victim did not accept. This is an incident in which a woman who had vast experience of driving a bus and taxi in Dublin was terrified. The investigation of the incident was very poor.

Chapter 5 deals with an assault at the Lakeside Manor Hotel. A man was assaulted. His facial injuries were not insignificant and there was a positive possibility that he had lost consciousness. A garda told the accused there was CCTV footage of the accused striking the injured party. No such footage existed. The investigation was characterised by delay, and Sergeant McCabe's complaints were not adequately addressed in the subsequent Byrne-McGinn report.

Chapter 6 deals with two incidents involving Jerry McGrath, who is currently in prison for committing murder. Ms Lynch, a taxi driver in Kells, suffered a serious assault. Instead of being charged with a section 3 assault, Jerry McGrath was charged with a section 2 minor offence. When the case came before him, the judge described it as the worst aggravated assault he had ever dealt with, according to the note of the inspector who was present at the court case. The report states that Ms Lynch suffered a terrible ordeal and, but for her considerable courage and quite remarkable presence of mind, the consequences might have been considerably worse. It goes on to state that she dealt with her ordeal in a quite remarkable manner and it was regrettable that in those circumstances she was not given the opportunity to address the court. The deficiencies in the Virginia investigation are outlined in detail.

The separate incident involving Mr. McGrath, who is currently in prison, was his entry into a house in Tipperary as a trespasser. Quite incredibly, a minor assault was noted. He took a young child downstairs with his hand over her mouth, and was, in effect, abducting her from her home. He was on bail when he did that and was again granted bail afterwards. For a previous victim who had been assaulted, it was noted as a minor assault. The report's conclusion is that Mary Lynch was the victim of a savage assault and only escaped far more serious injury through her bravery and initiative. The investigation into the offence was characterised by delay and a lack of effective supervision of the investigating member. Ms Roche-Kelly was not well served by the fact that a considerable period of time elapsed in deciding who should investigate the complaint. This is something that is repeated in the report - namely, the failure to identify a person, garda or sergeant in charge.

Chapter 7 deals with an incident in a restaurant. A garda told an injured party that a complaint had gone to the DPP, but that was incorrect. Quite shockingly, there is criticism of Sergeant McCabe by the Garda and the Byrne-McGinn report which was not upheld in any way. There was a question, even then, of disciplining Sergeant McCabe. Luckily, that did not happen at that point.

Chapter 8 deals with the assault of a 17 year old girl. There was no prosecution and no medical examination took place. The interview is described as dismal and there were contradictions between various gardaí as to whether it was a sexual or non-sexual assault. Reading it as a woman and a mother, I feel there were certainly grounds to consider it a sexual assault. I again refer to the points made by Deputy Coppinger in regard to the handling of violence against women.

Chapter 9 deals with dangerous driving. On 27 December 2007, three people were hit by a speeding car. Luckily, they received only minor injuries. The investigation, the commission states, never recovered from the fundamental failure of who was investigating it. Quite incredibly, disciplinary proceedings against Sergeant McCabe in this investigation were contemplated and Mr. Justice O'Higgins said if they had gone ahead they would have been entirely misconceived and unjustified.

Chapter 10 deals with an assault at Crossan's public house. A victim was assaulted and brought to hospital with a minor head injury. The victim made a statement which was subsequently withdrawn. Again, the Byrne-McGinn report, according to the commission, suggests that the complaints made by Sergeant McCabe were largely unfounded, when in fact Mr. Justice O'Higgins said the complaints were mainly justified. The commissioner was left with the impression that there was a reluctance to deal with the complaint of Sergeant McCabe on its merits. The statement of withdrawal was a matter of central importance in the investigation. The fact that it was the main reason for the charge and proceedings is not stated in the Byrne-McGinn report. It is not surprising that Sergeant McCabe was sceptical of the findings of the Byrne-McGinn report on this incident. In regard to trust, Mr. Justice O'Higgins said that unfortunately in this instance the trust of the victim and her husband in the Garda was not justified.

Chapter 11 deals with the Fr. Michael Molloy investigation and a computer which remains missing. On 11 September 2007, a man made a complaint that his son had been sexually abused by Fr. Michael Molloy. On 22 July 2009, Fr. Molloy pleaded guilty to one count of defilement of a child under the age of 15 years, one count of defilement of a child under the age of 17 years and one count of possession of child pornography. The conclusion of the commission is that the investigation was seriously flawed because of the matters set out in detail in the report. The commission was unable to ascertain what happened to the computer. It is significant that the report states that it is difficult to understand why Sergeant McCabe was the only person subjected to disciplinary proceedings with regard to the missing computer. These are the incidences to which the Minister refers as "some". The Commissioner has not referred to those instances in any way whatsoever.

In regard to the final two paragraphs of the report, the former Minister, Alan Shatter, deserves unreservedly to have his name vindicated because of his quick response when the complaint was made to him. The allegations of fraud regarding some of the senior members were not upheld, but the vast majority of Sergeant McCabe's complaints were. They may not have fallen under the category of corruption, but they certainly fell under categories such as neglect of duty. There were basic failures, such as the failure to hold identity parades, take dated statements or follow up on matters, the charging of people with the wrong offences, the minimising of assaults and so on. Perhaps different members of the public would categorise those failures in a different manner; some may call them corruption. There are certainly serious concerns that have to be investigated.

In terms of police conduct, I find it difficult to understand the statement by Mr. Justice O'Higgins that Bailieborough Garda station did not have an impact on policing and that the gardaí acted in a personal capacity. It seems to me that one cannot tell this story without taking into account the Garda station and the state in which it was left in the middle of the financial crisis.

We learn from the report that “Bailieboro Garda station was built around 1870 as a barracks for the Royal Irish Constabulary.” We are told, “A flat-roofed single storey extension was built in or around 1970.” In addition, “In 2007, a two-floor pre-fabricated building was constructed in the station yard in an effort to improve conditions. In 2008, work was done to the interior of the building”. Judge O’Higgins said there was general agreement that Bailieborough Garda station was not fit for purpose. The Judge said: “It is not necessary to document all the defects or inadequacies in the garda station, which was in a run down and unfit condition." However, he provided a list of the more notable defects, which I will not outline in full as they amount to a page and a bit. They include unsuitable reception facilities to process arrested persons, the lack of a suitable space to allow gardaí to conduct an identification parade, inadequate clerical officer work space, an unsuitable blood-urine-doctor’s room to process suspected excess alcohol cases and the fact that sewage backup can occur which causes a foul odour in the station.

They were the conditions under which we let the Garda Síochána work. To quote Judge O’Higgins, “The conditions in Bailieboro garda station were deplorable, and were not conducive to either good policing or good morale.”

The report went outside its remit in terms of its recommendations and like Deputy Shortall I find the final bullet point from the judge extraordinary. He said:

Bearing the foregoing in mind, and in the very particular circumstances pertaining, the commission considers that the institution of any disciplinary proceedings, which might conceivably arise out of its findings, would not be helpful.

I find that an extraordinary conclusion. There have been so many hearings and investigations that I understand why we would be reluctant to undertake any more investigations. We have had one investigation after another, some better than others and some more defective. We cannot forget that today there are members of the Garda who are petrified or out on sick leave because of the way they are being treated, despite all the legislation that has been introduced. There has been no sea change among certain members of the Garda Síochána. After reading all of the report I must say I cannot put the blame on gardaí in the junior ranks. They must take personal responsibility for their failure and learn from them but the focus must be on the superintendents, chief superintendents, assistant commissioners and Commissioner. The commission notes there was a rota of senior members going to Bailieborough Garda station and then leaving. The maximum time they spent there was 18 months, which does not allow for stability, proper supervision or provide a system where gardaí feel they are being nurtured, mistakes can be openly acknowledged, brought to the attention of superior officers and addressed.

I have had the time and privilege to reflect on the matter from the time it was first mentioned by the Opposition parties in the Dáil, which forced the Minister and the Commissioner to examine the issue. Having taken the time to read the report I am most unhappy with the Minister’s statement and that of the Commissioner. I do not feel they have read the report. Neither do I feel they have appreciated what Sergeant McCabe and other gardaí have gone through when they persisted in bringing the defects to the attention of more senior gardaí. It is important that we get to a stage where we acknowledge that and we work with the Garda Síochána. In a sense, I understand what Judge O’Higgins said, in that the Garda has “worked under the shadow of those events” for some time. It is time to move on, but one cannot move on without learning from mistakes. Judge O’Higgins points out repeatedly that one must learn from mistakes so, in a sense i nGaeilge, tá abairt amháin ag teacht salach ar abairt eile - one side is contradicting another.

I would be much happier if the Commissioner and the Minister had made a more open statement and expressed some outrage or horror that Sergeant McCabe and his family had to go through all of this, and the other gardaí who are going through it, notwithstanding the Morris, Smithwick and Barr tribunals, the latter to a lesser extent, and to say that was unacceptable. In addition, GSOC also repeatedly pointed out that the Garda has not come on board. When I say the Garda I refer to Garda management.

The Commissioner is hiding behind the shield of her instructions. There is no obstacle to her telling us what instructions she gave to her legal team. The report was leaked on a drip-by-drip basis to reduce the standing of Sergeant McCabe in our eyes. The Commissioner has a duty to come in and tell us what instructions she gave.

See this speech in context