Investigation into alleged Garda penalty point misconduct in Munster set to continue

A major garda investigation into allegations of wrongdoing against members of the force in the Munster region is continuing despite a large number of people being told they will not face criminal charges.

In recent weeks, gardaí and members of the public who were interviewed as part of the National Bureau of Criminal Investigation (NBCI) inquiry have been told they will not face criminal charges. However, the wider criminal investigation is continuing and several people, including Garda members, have already been charged.

The case centres on allegations that some gardaí intervened in cases where motorists had incurred penalty points and effectively cancelled the process under way against them. It was also alleged that some senior Garda members had effectively used more junior members of the force to cancel points.

Prosecution and points

In other cases, it was alleged motorists who were about to appear before the courts were also aided by Garda members so they could avoid prosecution or incurring points.

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Some of the motorists who were said to have benefited from the alleged Garda conduct are involved in elite sport in the Munster region. However, while these and other members of the public were interviewed, Garda sources said it was “highly unlikely” they were ever going to face prosecution.

Instead, it was seen as much more likely that Garda members would face prosecution, though now many of them have been told that is not the case. News of the development was first reported by the Journal.

The NBCI investigation has been very lengthy, as it began in 2019, and over 100 people have been interviewed, with many having had their phones examined. There has been criticism of the prolonged nature of the inquiry, its scope and the lack of information shared with people about the precise allegations they were facing.

Suspects charged

However, Garda sources stressed the inquiry had already resulted in several suspects being charged and they added the investigation was not over.

In reply to queries, Garda Headquarters in Phoenix Park said: “As this remains an ongoing criminal investigation, An Garda Síochána cannot make any comment either in general or on specific aspects.”

While a file was sent to the Director of Public Prosecutions, about the alleged cancelling of cases against the motorists, the office has decided many of the people who were under investigation will not face prosecution. One complicating factor, in relation to some of the allegations against the gardaí, was the lack of clarity around how they could discontinue cases against people before the courts.

In the absence of clear rules and instructions, prosecuting members of the force for breaking those rules was seen as unlikely to result in convictions. One result of the inquiry is the issuing of much clearer instructions, and the introduction of new procedures, for discontinuing District Court procedures.

Under the new system, set out in instructions in recent months, Garda discretion still exists. However, if a suspect is before the courts and a Garda member wants to discontinue the case against them, a record must be generated. This must specify the reason the cases were being discontinued and must be completed for the DPP. It is intended this will deter the same Garda members from discontinuing large numbers of cases.