“It Became Apparent Many Original Documents, Including Exhibits, Are Missing’

From top: today’s GSOC report into complaint of the Garda initial investigation into the death of Fr Niall Molloy in Clara, County Offaly on July 8. 1985

Almost thirty three years to the day Fr Niall Molloy was killed following an attack at a society wedding party in County Offaly, the Garda Síochána Ombudsman Commission (GSOC) has published its report into a complaint of the initial Gardaí investigation.

Fr Niall’s relatives have considered the case a cover-up since he was pronounced dead on July 8, 1985 and renewed their campaign when medical evidence suggested the priest may have lived for up to six hours following his attack.

Documents on the case held by the DPP [Director of Public Prosecutions] were among a cache of files stolen by Martin Cahill. They revealed the presiding judge, who had dismissed all charges in the manslaughter trial, was a close friend of the defendant and many of the wedding guests, including Brian Lenihan Snr.

Via GSOC:

A significant amount of material from the original garda investigation from 1985 was provided to GSOC, along with the opportunity to inspect documents in the possession of the gardaí.

It was established that a Senior Investigating Officer was still assigned to the file and the case is classified as “open” in light of the fact that no one has been successfully prosecuted for the death of Fr. Molloy.

However it became apparent during the GSOC investigation that many original documents including exhibits are missing.

There appears to be no record of handling of exhibits, and as such the person responsible for their loss cannot be identified.

The Senior Investigating Office in the gardaí involved with the Molloy investigation endeavoured to find the missing exhibits including searching the Forensic Science Laboratory. By the end of the GSOC investigation the exhibits remained missing.

A review of the original investigation and discussions with gardaí currently tasked with the case confirmed that members of the original team were retired [GSOC Is permitted from interviewing retired Gardai]

The original State Pathologist, Dr John Harbison, is also deceased. This led to the conclusion that, having reached this stage, GSOC was precluded under the 2005 Act from proceeding further with the investigation of Mr. McCourt’s complaint.

There you go now.

A Report following a complaint made by Mr. Henry McCourt, nephew of the late Fr. Niall Molloy who died on the 8th of July 1985 in Clara, County Offaly (GSOC)

Previously: Fr Niall Molloy on Broadsheet

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