Written answers

Wednesday, 15 June 2011

Department of Justice, Equality and Defence

Garda Ombudsman Commission

10:00 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, People Before Profit Alliance)
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Question 472: To ask the Minister for Justice and Equality since the Garda Síochána Ombudsman Commission's inception, the number of successful prosecutions that have been initiated by GSOC against gardaí that were not overturned on appeal; and the most senior rank of Garda successfully prosecuted. [15231/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Under the Garda Síochána Act 2005 as amended, the role of the Garda Síochána Ombudsman Commission in relation to any allegation of misconduct by a member of the Garda Síochána is investigative only. Section 101 of that Act provides that if the Ombudsman Commission is of the opinion that the conduct under investigation may constitute an offence by a member of the Garda Síochána it shall send a copy of the investigation file to the Director of Public Prosecutions (DPP ) together with any recommendations that appear to it to be appropriate. The decision as to whether a prosecution should be brought is a matter for the DPP who is, by law, independent in the exercise of his functions.

Since commencement of its operations in May 2007, seven members of An Garda Síochána have been found guilty of offences by the Courts arising from investigations by the Garda Síochána Ombudsman Commission. Of these, two members had their verdicts reduced to a sanction under the Probation of Offenders Act 1907 (as amended).

In a further case, in the District Court, the Judge found that while the Garda in question had assaulted a complainant it was a minor assault at the lower end of the scale and he decided that he would deal with it other than by imposing a conviction and so struck out the summons.

All of these eight members were of Garda rank.

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