Gardai fined for drinks with jury

Two gardaí who went drinking with jury members during a murder trial have both received substantial fines.

Two gardaí who went drinking with jury members during a murder trial have both received substantial fines.

Their actions resulted in a murder conviction being overturned by the Court of Criminal Appeal on Monday.

The court heard the two officers were drinking with some jurors in a hotel bar, and one of them was alleged to have sexually assaulted a female juror.

The court overturned the murder conviction of Mr Martin McDonagh, and a new trial will now take place.

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The Garda Commissioner, Mr Noel Conroy, yesterday told the joint Oireachtas Committee on Justice that one of the gardaí involved had acknowledged responsibility. The other had been the subject of a Garda tribunal of inquiry. Both men had received substantial fines.

Mr Conroy said although the force supplied officers to the courts, it was "a matter for the courts to engage them in the protection and welfare of the jury".

He added that an investigation carried out by a senior officer had concluded that "no discussions had taken place in relation to what went on in court" while the gardaí were drinking with the jurors.

A Garda spokesman last night confirmed the two members were currently working as gardaí in the Dublin area.

The garda at the centre of the sexual assault allegation was also taken off jury duty and transferred to another station.

The sexual assault allegation went to the Director of Public Prosecutions, who decided not to prosecute. If a criminal prosecution is being considered, internal disciplinary proceedings do not take place until they are disposed of.

Following this, the garda went before a disciplinary hearing, which took place in the months following Mr McDonagh's original conviction in February 2002, where the member was fined and transferred to other duties.

The other garda, who admitted an offence under Regulation 13 of Garda regulations, paid a smaller fine. He is still believed to be acting as a jury keeper.

The sanctions that can be applied under Garda regulations range from advice, caution or admonishment, to fines, reduction in rank, transfer and, ultimately, dismissal from the force.

The woman at the centre of the sexual assault allegations, who complained to the Garda the morning after the alleged incident occurred, has decided not to take any proceedings.

In the court ruling on Monday, Mr Justice Hardiman said it would be wrong to place the blame entirely on the gardaí in the absence of guidelines or proper instructions for jury keepers.

A spokesman for the Garda said a review had been taking place into the adequacy of instructions for gardaí charged with jury-minding.

He was unable to say when it would be complete.

"We are carrying out a review and, naturally, we will take on board what Mr Justice Hardiman said," the spokesman said.

He also said that gardaí were made aware of their responsibilities when minding a jury and that any changes in these procedures may require legislative change.