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Inquiry set up into taping of phone calls from Garda stations

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Comments

  • Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    bubblypop wrote: »
    Well I suppose its like getting a contract of employment from anyone.

    But I do know that every guard is issued with a code, but its your code. Basically its the rules of your employment.
    I'm not sure how interesting it would be to others.

    But I'm sure if you looked/tried hard enough then you could read it.

    Its full of interesting things like, the what the meausrenents of your moustache should be, and how you should not have facial piercings, or vivid coloured hair etc etc.
    How much annual leave you can take, or special leave in case ur ma dies etc
    And guidelines as to how to do your job.

    Deviate and your f**ked, find yourself on the end if a lawsuit, having broke the garda code, then you're f#cked!!

    Interesting then that the courts decided(linked to earlier in this thread) that not everyone should be cuffed when arrested by an garda and in cases where cuffs were unnecessarily used it could impede any case brought against the person. this appears to contradict what you claim is in this garda code.


  • Closed Accounts Posts: 5,377 ✭✭✭zenno


    Michael Noonan playing the worlds smallest violin as shatter is on the brink of resignation.


  • Registered Users, Registered Users 2 Posts: 14,958 ✭✭✭✭Potential-Monke


    The problem with the cuffs is that there is nothing set in stone as to the use of them, and it's left up to the discretion of the arresting Garda. But the arresting Garda has to be satisified that the arrested person is liable to either flee from custody or is likely to get violent (as grounded in the recent case before the courts). The problem with that is, how do you know how someone might react in the back of a patrol car after being arrested. As bubblypop rightly said, everything could be hunky dorey until they see the station and they just randomly kick off. Having being in that situation myself, it's a very hard call to make, as you can't guarantee that arrested persons will continue to be co-operative through the whole process. The issue was raised with management, and a change to the code/law needs to be brought into practice whereby every arrested person is to be handcuffed on health and safety grounds. But that is a massive undertaking, with legal ramifications to be considered and avenues to be taken, it's not something which can be done overnight.

    As for the recording of calls, not all members would have been aware, and initially i was not. But it was my understanding that the calls are recorded for internal purposes only, ie: if someone rings in a bomb threat and rants off the details and hangs up before details can be verified, the call can be listened back to in order to get those details. Same applies in cases of someone ringing in urgency and not all the details could be collected before the caller hung up/the call ended for whatever reason. I do not know of any case where the call to the station (non-999) was used as evidence in court, as i'm pretty sure management would be aware that recording of non-999 calls cannot be used as evidence. I have heard of solicitors looking for recordings of the calls though, so some of them were aware of it also. But, also as stated, this practice has stopped since November last year, and only 999 calls are recorded and appear exempt from having to have both parties informed that the calls are recorded. Also, and again to the best of my knowledge and having not heard or experienced otherwise, the "prisoner phone", that is the phone by the custody record, is not recorded, and rightly so to avoid any breaches of the ECHR. Storm in a tea-cup and (re-)released at a convenient time.

    Also regarding the penalty points fiasco, regular members of Garda and Sergeant rank do not, and did not, have the authority to cancel FCPS tickets, only someone of Inspector rank or above could do it. So a previous person was right in saying that frontline members may not have been aware of the cancellation of tickets (Gardaí of any rank cannot cancel points off a licence (they are put on a licence by a third party - These records are held on the National Vehicle and Driver file operated by the Department of Transport, Tourism and Sport.), they can only cancel summons/tickets which have yet to be served/paid - for whatever reasons). As far as frontline members are concerned (in my opinion), once the ticket is issued it's out of our control.


  • Closed Accounts Posts: 2,499 ✭✭✭porsche959


    Storm in a tea-cup and (re-)released at a convenient time.

    The public will be the judge of that.


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  • Registered Users, Registered Users 2 Posts: 14,958 ✭✭✭✭Potential-Monke


    porsche959 wrote: »
    The public will be the judge of that.

    And i've no problem with that, let them. Should it transpire that the recordings were used for illegal purposes, i will join the condemnation, but i wonder would those who are calling for heads to roll be as quick to state that they were wrong should it transpire that nothing illegal occurred and it was only used for the reasons i outlined above, or similar (non-illegal and understandable) reasons.


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    And i've no problem with that, let them. Should it transpire that the recordings were used for illegal purposes, i will join the condemnation, but i wonder would those who are calling for heads to roll be as quick to state that they were wrong should it transpire that nothing illegal occurred and it was only used for the reasons i outlined above, or similar (non-illegal and understandable) reasons.

    The Judge in the case of three Gardaí convicted of assault and perverting the course of justice in Waterford in 2011 ruled that the recordings were illegally obtained and were inadmissible as evidence.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Faux outrage and a load of huff and puff ,
    Can't see why so many people are getting upset over this


  • Closed Accounts Posts: 8,061 ✭✭✭keith16


    Gatling wrote: »
    Faux outrage and a load of huff and puff ,
    Can't see why so many people are getting upset over this

    Then you seriously need to look at what an open and transparent democracy means to you.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    keith16 wrote: »
    Then you seriously need to look at what an open and transparent democracy means to you.

    Democracy really ,

    Whether it be wikileaks or other so called defenders of freedom and democracy ,

    Where does this effect the average Joe it doesn't ,

    Its the same with the pulse system all huff and puff every time it gets mentioned

    Let's all go and demand all the prisons now be emptied and convictions over turned ,

    Ask anyone how this directly effects them they will struggle to string a sentence together other ohhh I heard this and this mate said in this,


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  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Gatling wrote: »
    Democracy really ,

    Whether it be wikileaks or other so called defenders of freedom and democracy ,

    Where does this effect the average Joe it doesn't ,

    Its the same with the pulse system all huff and puff every time it gets mentioned

    Let's all go and demand all the prisons now be emptied and convictions over turned ,

    Ask anyone how this directly effects them they will struggle to string a sentence together other ohhh I heard this and this mate said in this,

    An average Joe like Ian Bailey, who the Gardaí tried to frame for murder?

    From todays Indo:

    The affair came to light as a result of legal proceedings in a case related to the murder of French film-maker Sophie Toscan du Plantier.

    The existence of the tapes is believed to have been discovered as part of a civil case taken by self-confessed murder suspect Ian Bailey for alleged wrongful arrest.

    Mr Bailey is suing the State for damages for alleged wrongful arrest for the murder of Ms Du Plantier in December 1996.

    But the state parties have claimed privilege (confidentiality) over certain categories of information sought by Mr Bailey, including telephone calls.

    Last November, High Court Judge John Hedigan gave the state parties until yesterday to examine new electronic material, described as ‘phone traffic’ material, uncovered by gardai who have been trawling through a large amount of documents in preparation for the actions.
    http://www.independent.ie/irish-news/politics/alan-shatter-on-knifeedge-in-garda-tapes-scandal-30125572.html


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    At the time Ian bailey declared himself No1 prime suspect at the time of the murder and ran to any news paper that would listen to him ,

    And to this day nobody has asked him why he declared himself prime suspect,

    That's a whole different thread


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Gatling wrote: »
    At the time Ian bailey declared himself No1 prime suspect at the time of the murder and ran to any news paper that would listen to him ,

    And to this day nobody has asked him why he declared himself prime suspect,

    That's a whole different thread

    Its the same thread, Garda criminality, Garda corruption, and attempts to stifle, threaten, and bully those who would tell the truth.
    Everyone in this country is affected by the activities of this dysfunctional organization, described by one Judge earlier this year as having "a culture of loyalty to the force above loyalty to the truth".


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Shady Tady


    I find it disturbing that GSOC felt it was ok to use the recordings as part of their investigation into the alleged assault in Waterford. Ironically it only came to notice by their illegal use of the recordings. The DPP who would have recommended the prosecution against the gardai also saw no problem with it and sought to use it. I think the people involved in this case have had their rights hugely infringed and I wouldn't be surprised if they take legal action. The DPP has serious questions to answer like the AG and minister.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    OK look at today's headlines now people are saying systematic recording ,news headlines today ,a call from a journalist ,a call from a witness and calls between garda ,from the 1990's
    Hardly systematic along with the the idea that there examining 2700 calls


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Shady Tady wrote: »
    I find it disturbing that GSOC felt it was ok to use the recordings as part of their investigation into the alleged assault in Waterford. Ironically it only came to notice by their illegal use of the recordings. The DPP who would have recommended the prosecution against the gardai also saw no problem with it and sought to use it. I think the people involved in this case have had their rights hugely infringed and I wouldn't be surprised if they take legal action. The DP has serious questions to answer like the AG and minister.
    GSOC didn't get to choose what evidence was used, they gathered all the available evidence and passed it to the DPP who prosecuted the case and argued in court to have the recordings admitted.
    The judge ruled they were inadmissible because they (the recordings) were illegal.


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Shady Tady


    GSOC didn't get to choose what evidence was used, they gathered all the available evidence and passed it to the DPP who prosecuted the case and argued in court to have the recordings admitted.
    The judge ruled they were inadmissible because they (the recordings) were illegal.

    Gsoc do get to choose what they put in the investigation file. The sought to use illegal recordings and they brought them to the judge who ruled against it. The fact that the DPP ran with it is shocking


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Gatling wrote: »
    OK look at today's headlines now people are saying systematic recording ,news headlines today ,a call from a journalist ,a call from a witness and calls between garda ,from the 1990's
    Hardly systematic along with the the idea that there examining 2700 calls

    Analysis of 2700 hundred calls, it does not say that was that was illegally recorded, so far we do not know how many tapes have been destroyed, or how many more are in existence.
    One thing that all the experts are in agreement on is that is illegal to record the calls in the first place.
    Looks like Martin Callinan was the leader of the biggest organized crime gang in the state, colluding with terrorists (Smithwick Report), drug dealers (Boylan case), illegally taping phones, cancelling penalty points for friends, family and influential people, ignoring the rape of a child and refusing for four years to hand over the files on the case to GSOC,...etc.. etc..


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Shady Tady wrote: »
    Gsoc do get to choose what they put in the investigation file. The sought to use illegal recordings and they brought them to the judge who ruled against it. The fact that the DPP ran with it is shocking

    Factually wrong, GSOC did NOT bring anything to a judge, the DPP did.
    GSOC sent copies of all evidence it discovered to the DPP. The DPP brought the case to court, GSOC at no stage brought anything to a judge. They immediately after the Judges ruling initiated an inquiry and in May 2013 advised the Minister of their findings in accordance with their legal obligations to do so.


  • Registered Users, Registered Users 2 Posts: 21,886 ✭✭✭✭Roger_007


    ?........................
    Looks like Martin Callinan was the leader of the biggest organized crime gang in the state, colluding with terrorists (Smithwick Report), drug dealers (Boylan case), illegally taping phones, cancelling penalty points for friends, family and influential people, ignoring the rape of a child and refusing for four years to hand over the files on the case to GSOC,...etc.. etc..

    .......but other than those 'minor' matters, aren't the Gardai a fine body of men and women doing a grand job altogether................:eek:


    NOT.


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  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Shady Tady


    Factually wrong, GSOC did NOT bring anything to a judge, the DPP did.
    GSOC sent copies of all evidence it discovered to the DPP. The DPP brought the case to court, GSOC at no stage brought anything to a judge. They immediately after the Judges ruling initiated an inquiry and in May 2013 advised the Minister of their findings in accordance with their legal obligations to do so.

    GSOC complied the file and made recommendations to the DPP that a prosecution take place after the DPP consented the people were charged GSOC used the evidence and gave evidence in the case against the gardai. It's these gardai that are the first identifiable victims of this!


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Shady Tady wrote: »
    GSOC complied the file and made recommendations to the DPP that a prosecution take place after the DPP consented the people were charged GSOC used the evidence and gave evidence in the case against the gardai. It's these gardai that are the first identifiable victims of this!
    GSOC is obliged by law to provide all evidence both incriminatory and exculpatory to the DPP. The DPP alone decides whether or not to prosecute and which evidence it will use in pursuance of said prosecution. If GSOC gave any evidence at all in court it would have been witness evidence as a witness for the state.
    Trying to blame GSOC is a tad churlish, and has the ring of desperation to it.


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Shady Tady


    GSOC is obliged by law to provide all evidence both incriminatory and exculpatory to the DPP. The DPP alone decides whether or not to prosecute and which evidence it will use in pursuance of said prosecution. If GSOC gave any evidence at all in court it would have been witness evidence as a witness for the state.
    Trying to blame GSOC is a tad churlish, and has the ring of desperation to it.

    Then why did GSOC use it, they wanted a conviction, wake up and smell the roses, how can you defend GSOC in this


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Shady Tady wrote: »
    Then why did GSOC use it, they wanted a conviction, wake up and smell the roses, how can you defend GSOC in this
    Easily, they are the ones who first initiated an inquiry into the practice once it was discovered in a court case brought by the DPP that no warrant existed to allow the recordings.
    Did GSOC tape the conversations? NO
    Did GSOC argue in court that they should be admissible? NO
    On discovering that in fact the Gardaí were illegally tapping their own phones, did GSOC initiate an investigation, and forward their findings to both the Minister and the Commissioner? YES.
    GSOC come out of this very well, the Gardaí, the DPP, and most of all the Minister do not.


  • Registered Users, Registered Users 2 Posts: 5,012 ✭✭✭robbiezero


    Shady Tady wrote: »
    Then why did GSOC use it, they wanted a conviction, wake up and smell the roses, how can you defend GSOC in this

    Were the calls in the Waterford case actually taped calls between a solicitor and a client or something different?

    I'm not sure that they were illegal in this case, just inadmissible because of no consent.


  • Registered Users, Registered Users 2 Posts: 11,739 ✭✭✭✭martingriff


    Roger_007 wrote: »
    .......but other than those 'minor' matters, aren't the Gardai a fine body of men and women doing a grand job altogether................:eek:


    NOT.

    Ya every garda in the country is a corrupt person:rolleyes:

    There are a few and these need to be weeded out and a radical rethink of the force needs to be done.


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Shady Tady


    Easily, they are the ones who first initiated an inquiry into the practice once it was discovered in a court case brought by the DPP that no warrant existed to allow the recordings.
    Did GSOC tape the conversations? NO
    Did GSOC argue in court that they should be admissible? NO
    On discovering that in fact the Gardaí were illegally tapping their own phones, did GSOC initiate an investigation, and forward their findings to both the Minister and the Commissioner? YES.
    GSOC come out of this very well, the Gardaí, the DPP, and most of all the Minister do not.

    There is no warrant that lasts 40 years for gathering evidence and this has been going on since the 80's, they knew that before the sought to use it in their file to the DPP. Isn't it amazing that Gardai have never used these recordings against people in open court. I'm surprised at GSOC even though it's well known that they have a low sucess rate in getting conviction due to bungling many cases but the DPP should never have allowed this to get to court and indeed offically raised its existance with the AG immediately


  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Shady Tady wrote: »
    There is no warrant that lasts 40 years for gathering evidence and this has been going on since the 80's, they knew that before the sought to use it in their file to the DPP. Isn't it amazing that Gardai have never used these recordings against people in open court. I'm surprised at GSOC even though it's well known that they have a low sucess rate in getting conviction due to bungling many cases but the DPP should never have allowed this to get to court and indeed offically raised its existance with the AG immediately

    Obviously you have both issues with facts and with GSOC, I take it you are a guard.
    GSOC have no input into what evidence is used by the DPP, they are obliged in law to give all the evidence they find to the DPP in a file. It is the DPP alone that must decide which evidence is to be used and which evidence is admissible or should not be used.
    All of your purile mud slinging at GSOC cannot change either the law or the facts.
    The reason that GSOC have a low rate of success in prosecutions has more to do with the fact that they are dealing with an organized crime gang whose members according to Judge Smithwick "place loyalty to the force above loyalty to the truth" than anything else. GSOC are faced with the criminal code of omerta when they try to investigate this crime syndicate.
    GSOC did bring this matter to the attention of the Minister and the Commissioner.
    They like the whistle blowers come out of this well, despite you and your ilk constantly trying to deflect blame away from the Gardaí for their institutional corruption and criminality by trying to blame GSOC.


  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Shady Tady


    Obviously you have both issues with facts and with GSOC, I take it you are a guard.
    GSOC have no input into what evidence is used by the DPP, they are obliged in law to give all the evidence they find to the DPP in a file. It is the DPP alone that must decide which evidence is to be used and which evidence is admissible or should not be used.
    All of your purile mud slinging at GSOC cannot change either the law or the facts.
    The reason that GSOC have a low rate of success in prosecutions has more to do with the fact that they are dealing with an organized crime gang whose members according to Judge Smithwick "place loyalty to the force above loyalty to the truth" than anything else. GSOC are faced with the criminal code of omerta when they try to investigate this crime syndicate.
    GSOC did bring this matter to the attention of the Minister and the Commissioner.
    They like the whistle blowers come out of this well, despite you and your ilk constantly trying to deflect blame away from the Gardaí for their institutional corruption and criminality by trying to blame GSOC.

    Lets see how it pans out over the day, GSOC have every imput into what evidence goes to the DPP. They complie the file not the DPP. The DPP complies the book of evidence. This was the point at which he should have copped it. But hey keep looking the other way


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  • Closed Accounts Posts: 587 ✭✭✭sillyoulfool


    Shady Tady wrote: »
    Lets see how it pans out over the day, I take, GSOC have every imput into what evidence goes to the DPP. They complie the file not the DPP. The DPP complies the book of evidence. This was the point at which he should have copped it. Bit hey keep looking the other way

    THEY (GSOC) ARE OBLIGED TO PUT ALL THE EVIDENCE IN THE FILE, IT IS THE SOLE JOB OF THE DPP TO DECIDE WHICH EVIDENCE IS RELAVENT AND USABLE.
    GSOC WOULD BE ACTING ILLEGALLY IF THEY LEFT EVIDENCE OUT OF THE FILE!!! WHICH PART OF THAT SIMPLE FACT DO YOU NOT GET!!


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