Questions about plainclothes Garda

gurramok

Hi,

Without getting into specifics about an incident. The incident involved a car and rowdy pedestrians, i have a few questions.

Is a plain clothes garda (probably off-duty & on foot as he was wearing the same jersey as a rowdy group) supposed to say what charge one could face during an incident when he just says when asked about an infringing rowdy group..'nevermind them'..'i saw what you did' and his last words 'you'll get a summons in the post'

Is a plain clothes garda supposed to have identify himself verbally as i haven't a clue of his identity other than a poorly visible badge due to the conditions(poorly readable from inside car...badge was flashed at wet tinted side window which had disappeared when window was pulled down)

Is he supposed to have taken details of any witnesses as they were directly involved in the incident which had him running over to the car(but they had walked away laughing)?

Is it advisable to goto my local garda station to find out more info on it?

He did nothing about rowdy group who were abusive and banging car with fists, i would like to make a complaint about his inaction on them...do i go to local garda station about it first while its fresh in my head and/or is it within my rights to make a complaint to ombudsman about this so far unknown garda(who is probably genuine) who picked on me?

Thanks in advance as i have never been in trouble before and all this is new and worrying to me.

seamus

gurramok wrote:

Is a plain clothes garda (probably off-duty & on foot as he was wearing the same jersey as a rowdy group) supposed to say what charge one could face during an incident when he just says when asked about an infringing rowdy group..'nevermind them'..'i saw what you did' and his last words 'you'll get a summons in the post'

Unless the Garda is formally charging you, then he doesn't necessarily have to tell you what you're being charged with.
The summons will explain what you are being charged with.

Is a plain clothes garda supposed to have identify himself verbally as i haven't a clue of his identity other than a poorly visible badge due to the conditions(poorly readable from inside car...badge was flashed at wet tinted side window which had disappeared when window was pulled down)

He is required to identify himself if asked. I'm pretty sure that he should present his badge/ID before he approaches you, but I'm not sure what's required.

Is he supposed to have taken details of any witnesses as they were directly involved in the incident which had him running over to the car(but they had walked away laughing)?

Witness statements don't have to be taken unless the Garda thinks that they would be required to/would strengthen the case against you.

Is it advisable to goto my local garda station to find out more info on it?

Absolutely. Explain what happened, and that you have no idea who the Garda was or why you were stopped, or what you may be charged with. You may then get a chance to speak the Garda (who may decide to drop it), or (as I suspect) you'll find out that it was someone taking the piss.

He did nothing about rowdy group who were abusive and banging car with fists, i would like to make a complaint about his inaction on them...do i go to local garda station about it first while its fresh in my head and/or is it within my rights to make a complaint to ombudsman about this so far unknown garda(who is probably genuine) who picked on me?

I'm not sure what the status of the ombudsman is, but I suspect it's not for cases like this.

If you're interested in complaining about a Garda, then speak to a solicitor.

Our man in Havana

It is the ombudsman's job to investigate all complaints against the Gardai. Whilst a solicitor is not strictly required it would be inadvisable to make a complaint without a solicitors advice.

gurramok

Thx for replies. I went to my local garda station and explained things.
Local garda says he'll keep an eye out if anything was reported and let me know.
Also he apologized of behalf of gardai for the wrong way the 'other' garda went about it.
So its a wait and see now.

CaroleLynch

Did the Garda in question take your details - name, address, car reg - did you have to show any ID, licence etc.....???

gurramok

The incident 'garda' only asked for 'license and registration'. I gave him my license and then he went to back and front of car taking details before giving it back.
I'm not even sure if he took details of ins/tax/nct discs as he did stand at front corner(near front lights rather than at side mirror end) of car where discs are but didn't lean over to take down those small numbers, unless he has good eyesight though!

If your asking about local garda today, he took my details(name/address/reg/time of incident) verbally(no id shown) at station.

snubbleste

Do you have an outcome for this incident gurramok?

gurramok

snubbleste wrote: »

Do you have an outcome for this incident gurramok?

No, nothing heard since. *touchwood*