A retired Garda assistant commissioner has been appointed by the Garda Complaints Board as "independent" inspector of May Day complaints from the public. He will examine complaints about the behaviour of gardaí at the May Day Reclaim the Streets demonstration in Dublin.
The chairman of the complaints board, Mr Gordon Holmes, announced yesterday that 41 complaints had been received by the board so far about Garda behaviour on the day of the demonstration.
These mainly concerned excessive use of force and gardaí not wearing identification numbers on their tunics.
Mr Holmes yesterday rejected suggestions that a retired senior garda might not be seen as the most independent person to investigate the actions of gardaí.
He said he was "very, very happy" that retired assistant commissioner Mr Jim McHugh would be able to conduct an independent inquiry. He said Mr McHugh would appoint a team of investigators, probably from the ranks of retired gardaí.
He said the board wished to see that the investigation was at "arm's length" from the Garda Síochána. The retired assistant commissioner, he said, "has from my point of view absolutely all of the attributes of a person needed to carry out an independent investigation".
Mr Holmes said the board was of the view that the proper person to carry out an investigation of Irish police was an Irish investigator.
When it was pointed out that several outside police and judicial figures had been called in to investigate policing in Northern Ireland, he replied: "Do you want me to go to England or France?"
The investigation is the first of its kind ordered by the complaints board since it was established under the 1986 Garda Síochána (Complaints) Act.
Mr Holmes said the procedures for a tribunal of inquiry under the Act were being invoked because of the unique number of complaints arising from a single incident.
Previously, the largest number of complaints arising from a single incident had been only two or three, he said.
The board is to receive monthly interim reports from Mr McHugh. It is expected that the final report would be complete in about six months.
Mr Holmes said that because of the level of public concern about the behaviour of gardaí at the Reclaim the Streets march, he hoped the board would publish the final report. However, he agreed that if criminal charges were brought against individual gardaí, this could prevent publication of a report.
He said he was sure that many gardaí who had been on duty on May Day in Dublin, and who were blameless of any wrongdoing, would welcome the establishment of an independent investigation to ensure that their names could be cleared.
Mr Holmes said he was also aware that there could be legal challenges to the board's investigation. Gardaí, like any member of the public, had a constitutional right to make a legal challenge to proceedings in the High Court. Mr Holmes said he hoped that gardaí would be prepared to allow the board to do its work.
He added that despite the fact that the incoming government has promised to establish an Independent Garda Inspectorate, the board would continue in existence until its legally constituted work was finished. This could take years.
Twelve people were arrested and a similar number required medical treatment as a result of Garda action at the demonstration. The scenes of gardaí using batons against protesters occurred in Dame Street after people who had earlier attended a protest in O'Connell Street and along the quays, re-assembled in Dame Street and began blocking traffic.
Gardaí from the Pearse Street district then called in reinforcements from outside districts and it was when these reinforcements began arriving that batons were drawn and protesters struck.
So far, one probation garda has been moved from public duties to a desk job. The internal Garda investigation is being carried out by Assistant Commissioner Mr Tony Hickey, who is the commander of the Dublin Metropolitan Region.