Garda/Ombudsman Row in relation to Kieran Boylan Explained by Sunday Times Journo

jonsnow · 15-05-2013 04:46PM

Ombudsman backs Garda Ombudsman

http://www.independent.ie/irish-news/ombudsman-wants-clarity-on-claims-gardai-colluded-with-drug-trafficker-29266242.html

OMBUDSMAN Emily O'Reilly has called for more light to be shone on allegations that elite Garda officers colluded with a convicted drug trafficker.

Ms O'Reilly, Ireland's information commissioner, said the public has been left "really puzzled" by the lack of details about the Kieran Boylan case.
"I personally don't feel that as yet there has been a full expose of all the issues involved, within the media," she said.

Last week, the independent watchdog responsible for investigating Garda wrong-doing launched an astonishing attack on the force, accusing it of withholding vital evidence from its inquiry into the affair.

The Garda Siochana Ombudsman Commission (Gsoc) probed claims a specialist unit within the force turned a blind-eye to Boylan's drug dealing in exchange for information on other dealers.

The watchdog said its four year inquiry into why serious drug trafficking charges against Boylan were suddenly dropped without any explanation in 2008 was hampered and delayed by a lack of co-operation.

Ms O'Reilly, who is responsible for investigating complaints against public bodies but not the Garda, said there was an onus on all involved in the case to give more clarity about what exactly happened.
"Because they are very, very important matters," she said.
"Obviously we have to take Gsoc seriously. Clearly we also have to take the Gardai and the Department of Justice seriously as well, but I just feel, as a citizen, that we haven't got to the nub of it yet.
"I think a lot of people are really puzzled as to where the truth lies in relation to this, and I think the media has a responsibility, actually, to perhaps dig a little deeper into this for the sake of clarity for the public."
Ms O'Reilly made the remarks while launching her annual report.

hatrickpatrick · 15-05-2013 04:57PM

^ Does it surprise you that this hasn't got more attention, both in the media and in terms of Boards, Twitter etc - general national conversation?
I'm honestly a little puzzled and worried that the fact that the Gardai refused to hand over information to a public interest inquiry into whether they had (a) misbehaved in terms of their guidelines, and (b) actually broken the law, isn't being met with more outrage than it is. If this investigation had got to the stage of court proceedings, the same behavior would be regarded as contempt of court.

jonsnow · 15-05-2013 05:37PM

yeah I thought it was going to be a major sh testorm given that its the most serious investigation by the Ombudsman since the organisation was set up and it involved some seriously murky stuff. It resulted in a massive blowup between the GRA and the GSOC and the GSOC basically said that we found no wrongdoing but as proper documents are not being kept as per Morris CHIP guidelines then it is very hard to know. They are asking for an expanded remit and powers.

I have been very surprised by the lack of interest both in the media and generally. The Ombudsman seemed to have timed the release of there findinds in a manner which caught the Gardai (and possibly the DOJ off balance).I think because they have been so compliant over the years the gardai didnt expect the strength of their objections and recommendations. The most media savvy of the ombudsman was out making his case on Primetime on the day of the release of the report and came across well. The times did a pretty comprehensive coverage on the friday and the garda fightback began with their pet reporter Paul Williams giving there slant in the Indo and downplaying it. Then nothing in any of the Sunday Papers (even John Mooney had nothing) over the weekend.

For whatever reason this story never caught on and given that the whole appartus that we have put in place to keep on top of rogue gardai in the most sensitive positions has been questioned by the very people charged with running it it should be a bigger story. The penalty points scandal garners huge attention but to my mind is not anywhere near as serious as what is at stake here.

I think that there is no real media pressure on Shatter now and he will quietly shelve any real reform of keeping tabs on the really important happening in the states security branch.

jonsnow · 21-05-2013 05:09PM

Conor Brady reachs similar conclusions to myself. Shatter is at a crossroads and has to either expand the powers and remit of GSOC or he might as well shut up shop and we might as well save some money by openly admitting that we are back to guards investigating guards. A few interesting highlights:

http://www.irishtimes.com/news/crime-and-law/time-for-shatter-to-call-shots-on-garda-watchdog-1.1399368?page=2

The Garda believes it has an overriding obligation to maintain the confidentiality of intelligence sources. The commission has a statutory duty to investigate allegations of wrongdoing in the force. It cannot discharge that duty at any serious level without access to information.
Without commenting on the case currently at issue, it is important to recall that in every instance in which systemic wrongdoing has been revealed in the Garda Síochána down the decades, it
has been cloaked by the invocation of confidentiality and security.

In Donegal, an unregulated intelligence regime led to the gross corruptions uncovered by the Morris tribunal. At its heart, a cohort of unscrupulous gardaí advanced their own ends, using security as their cover. The commission was not set up as ornamentation.

.
The Oireachtas established the commission as an oversight body to prevent this happening again. It was given, effectively, the same powers as the Garda. Its three commissioners were to be invested at the highest level of authority that the State can provide; nominated by Government, approved by the Dáil and Seanad and appointed by the president. The legislation envisaged that sharing of information between the two agencies in the State with police powers would be the norm.

It is significant that the only ground for the withholding of information from the commission and the application of such restrictions is that of State security. But no such consideration has been raised, at least publicly, in relation to the current issues between the commission and the Garda. They concern drugs trafficking.

Solemn assurances were given by the Garda authorities to Government and to the Oireachtas that henceforth these would be strictly adhered to. The commission’s investigation now at issue sought to establish, inter alia, if there was any validity to the allegations made (by some Dáil deputies among others) that the FitzGerald rules were being sidelined.
There have been some worrying straws in the wind. In July 2011, Mr Justice Barry White, presiding at what was dubbed the “Grumpy Jack’s” murder trial, was severely critical of gardaí for running an informant “off the books”, contrary to the FitzGerald rules.

There are a number of issues here and it is important that the good faith and genuine concerns of those involved should be recognised. But if trust cannot be developed between the two agencies, the ombudsman commission can never fulfil its mandate beyond investigating petty allegations against low-ranking gardaí.

Perhaps this is now what is wanted. The political establishment may now feel it went too far in establishing the Garda Ombudsman Commission as it is constituted. Some might prefer to go back to having the guards investigating the guards a s before. At least it would be more honest.

Hootanany · 21-05-2013 07:30PM

It will be shoved under the counter as usual cant be distracting are boys in blue can we.

Garda/Ombudsman Row in relation to Kieran Boylan Explained by Sunday Times Journo

Comments