ANALYSIS:The Garda Ombudsman Commission needs to be reformed if the Morris tribunal is to change An Garda Síochána for the better, writes Conor Lally
AFTER SIX long years the Morris tribunal is finally over. The litany of Garda corruption and negligence it waded through represented the darkest episode by far in the history of the force.
Garda morale took a pounding. Those men and women charged with upholding the law were found in some cases to be more than willing to bend and break it.
But the tribunal's damning findings have been used as a blueprint to bring the force into line with best practice. There is now a much more robust system of investigation and sanction in place for rogue Garda members.
It is probably fair to say that the episode known simply as "Donegal" could never happen again. It seems incredible that the biggest policing scandal in our history has its origins in a hit-and-run.
When Raphoe cattle dealer Richie Barron was found dead on the road just outside the town 12 years ago, the unprofessionalism of gardaí in Donegal was immediately exposed.
The first garda called to investigate had gone to the pub. Others were on a meal break and refused to be disturbed.
When gardaí finally arrived at the scene they failed to preserve it for technical examination or to take statements from witnesses.
Mr Barron's death was initially, correctly regarded as a hit-and-run.
Rumours that he had, in fact, been murdered began to circulate at the dead man's wake.
In the absence of any evidence gardaí nominated Frank McBrearty jnr and his cousin Mark McConnell as the chief suspects for the murder that never was.
The men and some of their family members were wrongly arrested and mistreated in custody.
Mr McBrearty jnr, who was shown graphic postmortem photographs of Mr Barron's remains, "crumbled" under questioning and signed a confession.
His father's pub was targeted by gardaí who planted an agent there to observe after hours drinking so they could prosecute Frank McBrearty snr.
In 1999 the McBreartys began legal proceedings and a Garda investigation was established under the then Sligo-based assistant commissioner Kevin Carty.
He found evidence of Garda corruption, not only around the Barron investigation, but on a range of very serious illegal Garda activity up to and including the planting of bombs, using bogus informers and the framing of innocent people.
His report was damning and eventually led to the establishment of the Morris tribunal.
It investigated a range of allegations around the Garda Síochána in Donegal between 1993 and 1999.
Its findings have been explosive.
Allegations were upheld against individual members over using bogus informers, planting "IRA bombs", planting a gun and explosive device to arrest innocent people and coercing "murder" witness statements and a confession.
Many Garda witnesses lied at the tribunal. Others covered up, with misplaced loyalty to corrupt colleagues coming before a commitment to the truth.
A Garda disciplinary regime was exposed where sacking a member was almost impossible and imposing a sanction for failing to explain one's actions to superior officers was not an option. It led to "staggering" levels of insubordination and indiscipline.
Some senior officers in Garda Headquarters in the Phoenix Park, Dublin, were not sufficiently vigilant and were hoodwinked.
The Department of Justice was obliged to take everything the Garda Síochána said on trust.
The tribunal concluded that the force was a largely unaccountable entity beset with the most serious problems imaginable. And within it Donegal was a breakaway republic where many members simply did as they pleased.
But damaging as it has been, there is reason to suggest that the Garda Síochána is now a better organisation for it.
Sharper codes of discipline are in place making it easier for senior officers to dismiss rogue members. All gardaí are now compelled by law to furnish answers when asked by their superiors to explain their actions or inactions. A register of informers has been introduced. A whistleblowers charter has been established where Garda members can confidentially raise issues of concern they believe should be investigated.
A new, more transparent, promotions system has been established. The Garda Inspectorate has been set up to examine procedures and resources within the force and advise on how these might develop in line with international best practice.
The Garda Ombudsman Commission has been established to investigate complaints about Garda members.
It is perhaps the main organ put in place post Morris which could prevent a repeat of the circumstances that led to the tribunal's establishment.
It replaced the Garda Complaints Board under which gardaí investigated gardaí.
With its own independent investigators, the ombudsman commission uses policing powers - including arrest, detention and recommending prosecution - to investigate complaints against Garda members.
Had such an entity been around in the 1990s, the McBreatys would have been listened to much earlier.
It may also have acted as a deterrent to would be wayward officers.
However, all is not well with the ombudsman. It cannot manage its workload and has fully processed only a few cases in its 2½ years in existence.
It has requested legislative changes to enable it pass on many minor complaints for investigation by the Garda. And it wants the power to dismiss groundless complaints after briefly and informally checking their veracity.
It believes such new powers would trim its workload, allowing it to process cases at a fast enough rate to maintain public confidence.
It made its case to a sympathetic minister for justice Brian Lenihan at the beginning of the year.
But almost 10 months on it is still waiting for Government action, while its unprocessed caseload continues to climb.
Political action on the issue is needed soon. There is little point spending nearly €500 million on the Morris tribunal if the main element of its legacy becomes so bloated it can barely function.