Garda chief says handling of Barron death scene 'a cock-up'

The Garda's handling of the scene where Richie Barron died was "a cock-up", Commissioner Noel Conroy said yesterday.

"The main problem was a cock-up in relation to the preservation of the scene. That was a major blunder. Everything stemmed from there," he told reporters.

He defended his decision to transfer five gardaí from Donegal to Dublin who have been strongly criticised in the interim reports of the Morris tribunal.

"It was decided to transfer them in the interests of efficient and effective policing and morale - give them a job in a supervised situation - and thereafter we deal with the problems."

Mr Conroy said the men were challenged when giving evidence in recent court cases, where defence legal teams were submitting copies of the Morris tribunal report as evidence.

Disciplinary proceedings had begun against one of the five. Another had decided to retire, and legal advice was being sought in relation to possible action against the three others.

The members in question are gardaí Martin Anderson, Letterkenny; Thomas Rattigan, Buncrana; James McDwyer, Ballybofey; Martin Leonard, Letterkenny; and PJ McDermott, Lifford.

Mr Conroy said at Garda headquarters in the Phoenix Park yesterday that the public needed to accept that he had to let disciplinary due process run its course in relation to any members of the force criticised in the report. This often took years.

He believed legislative changes being planned by Minister for Justice Michael McDowell would make disciplinary matters easier in the future.

He said Mr Justice Frederick Morris had done "good work" which would benefit the force in the long term.

Mr Conroy was also critical of recent media reports which suggested that he had made a submission to the tribunal in which he endorsed the Garda investigation into the death of Mr Barron.

"Certain criticisms have been made in relation to submissions made to the tribunal by a legal team representing myself and quite a number of other Garda officers as if the submission was prepared by me. That isn't the case," he said..

"The members of that legal team would have to take on board the views of those that they represent."

He also defended the initial investigation into alleged misconduct by gardaí in Donegal led by Assistant Commissioner Kevin Carty.

He said Mr Carty's team had gone to Donegal to gather evidence in relation to any possible criminal offences committed by members of the force.

His file recommended charges against 11 people, five of whom were gardaí.

The DPP pursued only two of the gardaí, one of whom was acquitted and is facing a pending charge. Another was convicted and has since left the force.

He said he did not have the power to prevent officers retiring early on full pension even if they had been strongly criticised by the tribunal.

He said, despite what the public may believe, there was no summary dismissal in the force. Internal disciplinary procedures, which often took a number or years, needed to run their course. Members could also go to the courts and fight the findings.

It had been decided to transfer the men rather than suspend them because the men would be entitled to 90 per cent of their salary while suspended.

This did not represent value for the taxpayer, particularly when there were posts that the men could fill.

Mr Conroy yesterday met his deputy commissioners, assistant commissioners, chief superintendents and superintendents for 3½ hours. Arising from this, five working groups had been established to examine issues raised in the report and to formulate recommendations, he said.

One working group would examine the crime and security branch of the Garda.

Another would examine the issue of "external professional assistance".

A third would examine training, while the fourth group would examine how reporting within the Garda would also include reporting to the Department of Justice.

The final group would examine professional conduct and ethical conduct. Mr Conroy said he hoped these would report "quite soon".