Juries reluctant to convict gardaí - Brady

There is little point putting gardaí before juries as they are often acquitted of their crimes, a member of an independent complaints…

There is little point putting gardaí before juries as they are often acquitted of their crimes, a member of an independent complaints body claimed today.

Conor Brady of the Garda Ombudsman Commission, which will begin work next year, said internal disciplinary procedures would have to be toughened up.

"The difficulty of getting convictions from a jury is clear," he said. "Juries are very reluctant. You saw it in the May Day protests, people were seen on television doing unspeakable things, and they were acquitted by a jury.

"DS (John) White in Donegal was acquitted by a jury. Putting something to a jury probably doesn't get the right result.

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"In the case of the Garda the way forward will be in the way of a disciplinary system that is similar to normal industrial relations," Mr Brady said.

Mr Brady was speaking out in response of the Morris tribunal reports, which highlighted corruption and misbehaviour in Garda activity in Donegal. The tribunal concluded that the suspended garda, Det Sgt John White, was the person responsible for planting a shotgun at a halting site in Co Donegal.

He had been acquitted of the charge by jury.

Mr Brady said the Inspectorate and the Ombudsman Commission will improve the situation and that new disciplinary regulations introduced by Justice Minister Michael McDowell will make it easier for Garda management to deal with insubordinate, undisciplined or corrupt members.

He added a greater mix of ethnic communities and private sector managers would also enhance a force that has had very little exposure to outside influence.

PJ Stone, general secretary of the Garda Representative Association, warned his members were putting their trust in the independent ombudsman commission, and urged them not to speak out publicly on all matters.

He said public comment from the body would dent confidence in his members' ability to see they are carrying out their role in an independent and constructive way.

"Over the last 15-18 months a number of my members have been dismissed, so it's wrong to suggest that discipline in An Garda Síochana has broken down," he said.

"I have had members of An Garda Síochana who have made serious allegations against members in higher ranks. The allegations have not been proved, but as a result of that the members who made the allegations have been threatened with discipline. That's hardly a cultural change from the management of An Garda Síochana," he told RTE radio.

Mr Stone said rank-and-file members are feeling the pain and the hurt of the Morris reports, but he

stressed the entire force is not corrupt, with a large number of members doing a job under very difficult circumstances.

"I'm not here to defend the indefensible in Donegal," said Mr Stone. "I am very, very sorry for what happened in Donegal, but it happened 10 years ago, I don't believe it will happen again.

"We have to accept that people in Donegal in all ranks acted irresponsibly. Lets not take Donegal as being the norm right across the country."

PA