Clarke inquiry: criminal investigation of gardaí by Gsoc ‘mistaken’

The decision by the Garda Ombudsman (Gsoc) to begin a criminal investigation into the actions of gardaí following the death of a woman in a road collision last year was “mistaken”, according to the findings of a judicial inquiry.

The injury was set up after one of the gardaí under investigation by Gsoc, Sergeant Michael Galvin, was found dead in a Garda station one week after being questioned by investigators.

It is believed Sgt Galvin took his own life. The judge leading the inquiry, Supreme Court judge Mr Justice Frank Clarke, described the death as a tragedy.

Sgt Galvin was one of three gardaí investigated by Gsoc after Sheena Stewart (33) died in a traffic collision in Co Donegal on January 1st, 2015.

Sgt Galvin was on duty with colleagues in Ballyshannon in the early hours when they stopped their vehicle to assist an intoxicated woman sitting in the road.

They left the woman after a short period to answer an unrelated call-out. Ms Stewart was struck and killed by a vehicle soon afterwards.

Sgt Galvin told Gsoc the woman had been on the pavement rather than the road when he left the scene.

Discrepancy

However, when an apparent discrepancy arose between that evidence and the CCTV footage of the incident, a criminal inquiry was begun and Sgt Galvin was interviewed under caution by Gsoc on May 20th.

Gsoc decided the following day that he had no case to answer.

However, Sgt Galvin was not immediately informed of this decision and he took his life one week later without having been informed he had been cleared. His colleagues were also cleared.

In his findings Mr Clarke said Gsoc had started a criminal investigation within 30 minutes of being informed of the case and said the inquiry was not satisfied there was sufficient information at that stage to warrant the decision to begin a criminal investigation.

Mr Clarke also concluded it was wrong the gardaí had not been informed they were the subject of a criminal investigation but said Gsoc’s officers acted in good faith.

In a statement, Gsoc said it had requested a judicial figure look into the matter as it was was “ very aware that the extensive speculation in the media at the time had the potential to damage public confidence in the police oversight system”.

It welcomed the finding that Gsoc’s officers “undertook their duties properly in relation to the investigation of the road death”.

Gsoc noted that the judge said “no materials or evidence came to light to suggest that the relevant interviews were conducted in anything other than a professional and appropriate fashion”.

“The tragic events which have given rise to this Inquiry have directly affected two families, the Stewarts and the Galvins, who have had to deal with the grief of the loss of a loved one. We express once again our sympathies to both families. We are very aware of respecting their grief and their right to privacy,” Gsoc said.