Report from Gardai press conference

national | miscellaneous | news report Thursday June 06, 2002 20:46 by Daithi and Aidan

At a press conference yesterday, held on a day where the news was dominated by the World Cup, the Garda Complaints Board announced that, due to the "enormous number of complaints" received by the Board about the actions of the Gardai at the Reclaim the Streets march in Dublin last month, they were appointing former Assistant Garda Commissioner Jim McHugh as an "independent" investigator.

At a press conference today, held on a day where the news was dominated by the World Cup, the Garda Complaints Board announced that, due to the "enormous number of complaints" received by the Board about the actions of the Gardai at the Reclaim the Streets march in Dublin last month, they were appointing former Assistant Garda Commissioner Jim McHugh as an "independent" investigator.

41 complaints have been received so far, dealing with excessive violence alleged to have been used by Gardai, the removal of ID numbers, and the treatment of the media. Normally, after a complaint is found to be genuine and not vexatious, it's referred to the Garda Commissioner, who appoints an officer to investigate the complaint. For the first time, the Board are using a special provision of the law (section 6.5) to conduct their own investigation "in the public interest".

However, no action can be taken by the head of the investigation (described by the chairman of the Board as "arm's length" and "very experienced") - the Board can refer a matter for further action to a "Tribunal", which is made up of half the members of the Board itself. Even though McHugh will answer to the Board, instead of the Commissioner, the final decision will lie with the members of the Board; who under the law have "every power" to dismiss a Garda, but are drawn from the ranks of the Gardai. McHugh will be likely to have the assistance of other former members

Responding to criticism of the fact that the investigation would be conducted by a retired Garda rather than an "outsider", chair Gordon Holmes spoke of his desire to have "Irish problems investigated by Irish people". He also answered the question of why an SC (barrister) or other such person could not conduct an investigation by saying that "the Gardai are trained in investigation; other people are not. We obviously can't used current members of the Gardai, but former members have no ties to the force". McHugh will have the power to summon witnesses and video footage. CCTV footage will be used, but the investigation will have no power to release this to the public. This inquiiry can at best set up a tribunal to investigate Gardaí. The tribunal will be comprised of half the Gardaí complaints board; and has the ability to repremand or dismiss Gardaí.

The conference was dominated by soliciter George Holmes; head of the Gardaí complaints board. John Mc Hugh, only spoke once when a question was directed directly to him. He spoke to confirm that the inquiry can summons individuals and footage. Mr Holmes added, that confidentality of statements, and video; would be decided on a "case by case". No concrete security is offered to those coming forward.

The inquiry is not an investiagation of events, it is in fact an investigation into complaints. It will not act independently, it has no remit to look at Gardaí tactics or training, instead it focus' on complaints on individual Gardaí. When it was raised that the investiagtion should go deeper and explore further, Holmes manner could be described as dismissive.

Worryingly, the Board will not be required to publish the results of this investigation. Holmes also added that there was no intention to advertise the inquiry or seek submissions from the members of the public.

This investigation is separate from the Garda internal inquiry, and Holmes asserted that those who come forward will be given guarantees of confidentially "where appropriate". He was not prepared to comment on the allegations that have been made against the Garda internal inquiry of misrepresentation and harassment.

It was admitted at the press conference that the investigation (Holmes described it as "an investigation, not a sworn inquiry") could run into legal troubles with the intersection of both inquiries, civil actions taken by protestors, criminal prosecutions under the Public Order Act and other laws being brought against protestors, and other issues that will arise such as confidentiality, journalist's privilege and constitutional rights.