Garda at centre of bicycle controversy fully reinstated, now considering legal action

The Garda detective suspended after being cleared over the alleged theft of a bicycle has been fully reinstated to duties, almost four years after the controversy began.

The Irish Times understands the long-serving Garda member is also strongly considering taking legal action to seek damages.

While the Midlands-based detective had his suspension lifted last summer, he has been on restricted duties since then, meaning he was not permitted to perform his detective role and deal with members of the public.

However, Garda Commissioner Drew Harris has now received the final report arising from the disciplinary hearing that finally cleared the detective earlier this month. That receipt of that report marks the conclusion of the process and the detective has now been officially fully reinstated to his role.

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As well as considering legal action at present, in a process that may see more detail about the case emerge, it is understood some public comment may be made by him, or on his behalf.

While there has been significant disquiet about the nature of the investigations into the incident and, specifically the time they took, Mr Harris has sent a report on the case to both Minister for Justice Helen McEntee and to the Policing Authority. He has done so under Section 41 of the Garda Siochana Act.

This provides for, among other things the commissioner of the day to provide information to the minister or authority about “significant developments that might reasonably be expected to affect adversely public confidence in An Garda Síochána”.

It is understood that report sets out the full criminal, and later disciplinary, process followed as well as accounting for the length of time that passed between the allegation first being made.

Some of that time, approximately one year, passed as the now exonerated garda prepared materials in his defence. The detective also changed his legal representation, though that does not appear to have caused delay in itself. Another period of approximately 10 months elapsed before the disciplinary panel was assembled and convened for the disciplinary hearing.

Garda Commissioner Drew Harris told the Public Accounts Committee on Thursday “only partial information” relating to the case is currently in the public domain. Mr Harris also said he understood the rationale and judgment behind the decision to search the garda’s house in June 2020.

He added he did not agree with the Garda Representative Association’s (GRA) stance that the investigation into the garda lacked a common-sense approach and proportionality.

Mr Harris also confirmed he had received the report from the disciplinary board and it would be considered, and he would subsequently report to the Policing Authority and Ms McEntee.

The detective garda in the Midlands was suspended for more than three years after he gave a bicycle in a Garda station to an elderly man in his community, who required it following a knee injury, during the pandemic.

However the garda did not get permission in advance or fill out the necessary paperwork to take the bike, which was registered as an item in the Garda’s official exhibits system, for evidence and property.

The garda was suspended and the matter was investigated by the National Bureau of Criminal Investigation (NBCI) when the incident came to light. The garda’s home was also searched in June 2020 and the bicycle retrieved from the elderly man.

[ The garda, the bicycle and the damage done: what exactly happened? ]

A criminal investigation into what happened found the garda in question had no criminal case to answer while a disciplinary board cleared the officer earlier this month of all of disciplinary charges he faced.

The garda had been suspended for more than three years, and though reinstated last August he had been assigned to restricted duties until his full reinstatement on Thursday.

Social Democrats TD Catherine Murphy said at the PAC meeting that while she understood when a complaint was made in a hierarchical organisation it had to be dealt with, it seemed it was “a sledgehammer to crack a nut here”.

Fine Gael TD Alan Dillon asked at the committee whether it was common practice for the NBCI to investigate such a matter and deploy a six-man team to search an officer’s home and whether it was proportional.

In response, Mr Harris said the problem was that all of the facts that were initially known in the case were not in the public domain.

He said he had responsibility for the property and evidence management system, which had “literally thousands of pieces of property and exhibits”, including a huge amount of cash, drugs and firearms.

Harris said it was “absolutely essential that we keep the integrity of that system” and had to ensure continuity of evidence and the security of property that comes into Garda possession. He said there was a very clear policy, which specifically referenced bicycles.

In relation to the officer’s home being searched, Mr Harris said: “I saw the rationale for why that was done and understand why it was done. I understand the judgment of the very experienced chief superintendents, one who made the request and the second one who acceded to the request to take on the investigation.”

Speaking separately to reporters on Thursday, Minister for Justice Helen McEntee declined to comment on the details of the case when asked to do so, saying she had no role in Garda investigations or disciplinary cases. However, while “a process” was in place for such investigations, and had been followed in this case, it had taken a long time.

She believed new measures in the Community, Policing and Security Bill would streamline future investigations.

“What we will have in the next few months is a more efficient and a more effective system. We know that (some) cases can take longer than anybody would like and this particular case certainly did take longer than anybody would like. But the system was followed, the structure was followed.”

Ms McEntee, who was speaking at the opening of a new Forensic Science Ireland facility in Celbridge, Co Kildare, added it was crucial when “somebody is cleared that can be done as quickly as possible”.

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