Written answers
Thursday, 30 June 2005
Department of Justice, Equality and Law Reform
Garda Disciplinary Proceedings
8:00 pm
Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 563: To ask the Minister for Justice, Equality and Law Reform the number of criminal and civil cases which were begun in connection with allegations of criminal behaviour on the part of some gardaí in the Donegal division in which the State was either a party or was funding the legal costs of one or more of the parties; if he will identify these cases; when they were begun; the outcome of each of these cases; and the amount spent by the State on these cases between 1 August 2000 and 30 April 2005. [24057/05]
Michael McDowell (Dublin South East, Progressive Democrats)
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I understand from the Garda authorities that eight criminal cases were initiated in connection with allegations of criminal behaviour on the part of some gardaí in Donegal division. Details are provided in appendix 1 of this reply.
A total of 89 plenary summonses in respect of civil actions have been served on the State in connection with the allegations of wrongful behaviour of members of the Garda Síochána in the Donegal division which have been the subject of debate recently in this House. Details of these cases, including the date the proceedings commenced, are set out in appendix 2 of this reply. There are another two cases where initiating letters have been received. Of the 91 cases received, one case only has been settled. In the circumstances, it would not be the practice to divulge the settlement terms agreed with the plaintiff concerned.
| Criminal Cases — Donegal Investigation — Appendix 1. | |||
| Name | Date Arrest and Charge | Charges | Status |
| Bernard Conlon 61 Cartron Bay Sligo | 16/03/2001 | Three charges under S.12(a) Criminal Law Act 1976 (Making false statements) | Convicted Sligo Circuit Court 21/03/2002 and on 05/06/2002 sentenced to three years suspended |
| Noel McBride Figart Raphoe County Donegal | 05/06/2001 | Six charges under Section 12a & 12b Criminal Law Act 1976 (knowingly making false statements & thereby causing the time of the Garda Síochána to be wastefully employed) | At Special Sitting of Letterkenny Circuit Court 22/06/2004 found Not Guilty |
| William Doherty Doorable Manorcunningham County Donegal | 05/06/2001 | (1)Six charges under Section 12a & 12b Criminal Law Act 1976 (knowingly making false statements & thereby causing the time of the Garda Síochána to be wastefully employed) | At Special sitting Letterkenny Circuit Court on 22/06/2004 William Doherty pleaded guilty to three charges as follows |
| Derrick Connolly Craigs Road Raphoe County Donegal | 06/06/2001 | One charge under Section 12(a) and one under Section 12(b) Criminal Law Act 1976 (Making false Statements) | Trial held at Letterkenny Circuit Court 21st-22nd May 2003 — Not Guilty |
| Sergeant John White Dreenan Ballybofey, County Donegal | 20/06/2001 | Charge contrary to Section 27A(1) of the Firearms Act 1964 as inserted by Section 8 of the Criminal Law (Jurisdiction) Act 1976 and amended by Section 14 Criminal Justice Act 1984 and Section 4 of the Firearms & Offensive Weapons Act 1990 | Remanded on continuing bail to Letterkenny Circuit Court on the 4th October 2005 John White made application for Judicial Review to prohibit his trial proceeding in relation to this case at High Court on the 26/11/2004. The Application went for hearing on 31/05/2005 and following a three day hearing the Judge reserved judgment in the case |
| Roderick Donnelly | 05/06/2001 | Knowingly making false statement to D/Gda P Flynn. Section 12(a) of Crim. Law Act 1976. Wasting Garda time Section 12(b) of Crim. Law Act 1976 | Trial held Letterkenny Circuit Court 6th February 2003 — Not Guilty |
| Sergeant John White Dreenan Ballybofey County Donegal | 18/07/2002 | Three Charges under Section 12(a) Criminal Law Act, 1976 (Making False Statements) & three charges of Attempting to pervert the course of Justice | At Letterkenny Circuit Court 11 January 2005 Jury directed by Judge O Donabhain to enter Not Guilty |
| Garda John Nicholson Sligo | 26/07/2002 | Three Charges under Section 6 of Forgery Act 1913 as amended by Section 16 Criminal Law Act 1997 | At Riverstown District Court — Pleaded Guilty. Facts proven and case dismissed under Section 1(1)(1) of P.O.A. |
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