CONFIDENCE IN the Garda Síochána Ombudsman Commission (GSOC) – established to investigate serious public complaints and any fatal accident involving a member of the force – will have been reinforced by the first convictions secured in a trial by jury. The case, involving the arrest of a man in Waterford last year, followed a complaint that excessive force had been used during his detention. Three of the four gardaí charged were found guilty of varying offences.
It would be wrong to conclude that this outcome will have negative consequences for An Garda Síochána as an organisation. It may even help. Certainly, it will act as a caution in the case of members who might be inclined to act in an excessive or repressive manner. That will be no bad thing, in view of the findings of the Morris tribunal into the death of Richie Barron in Donegal in 1996. It reported that evidence had been manufactured and suspects unlawfully arrested and mistreated while in custody. That report led to major changes within the Garda involving new disciplinary procedures, along with the establishment of a Garda Inspectorate and the ombudsman commission.
Last year, the commission received more than 2,000 complaints from members of the public. One-third were of such a minor nature that they were treated as frivolous or vexatious. Ninety per cent of those accepted involved abuse of authority, neglect of duty and discourtesy and were dealt with by internal disciplinary measures. The remainder involved complaints of excessive use of force or assault. Eventually, 27 files, involving 31 gardaí, were sent to the Director of Public Prosecutions. Criminal proceedings were taken in 11 cases involving 14 members of the force, out of a total complement of 14,500. That amounted to a prosecution rate of 0.1 per cent.
Members of the Garda do a dangerous, difficult and often thankless job. Their role as guardians of the peace and upholders of the law frequently places them in invidious positions. Their professionalism and integrity is highly regarded by members of the public, even as they also recognise the need for a body like the GSOC to keep unruly members in check. Nobody – least of all committed members of the Garda – would favour a return to the days when individual members were found to be “out of control” and when the former Garda complaints board could not do its work because of a lack of cooperation and the intimidation of citizens into dropping complaints.