Tag Archives: Garda Nicky Keogh

Members of media outside Dublin Castle in February 2017, as the Disclosures Tribunal took place

This morning.

At 10.30am in Dublin Castle.

The Disclosures Tribunal will reconvene with Mr Justice Sean Ryan presiding.

It will be examining Garda Nicky Keogh’s claims that he was mistreated after making allegations of Garda collusion with a drug-dealing operation in the Midlands.

In May 2014, then Independent TD Luke ‘Ming’ Flanagan told the Dáil:

“[Garda Nicky Keogh]’s greatest concern with the drugs operation in November 2009 is that there was a systematic and orchestrated effort by high-ranking Garda officers to induce and coerce citizens, in this case citizens with no previous criminal conviction, to buy drugs from drug dealers, putting them in personal danger, and sell the drugs in turn to undercover gardaí without making any profit, thus boosting crime detection figures concerning arrests, charges and convictions. The result of this operation was that these mostly young citizens of the State, who had no previous drug convictions, now have serious drug convictions.”

Mr Justice Ryan has already said the tribunal will not be examining the claims made by Garda Keogh which, he says, prompted his alleged mistreatment.

Previously: ‘Delay May Have Allowed The Evaporation Of Evidence’

Rollingnews

This afternoon.

The Disclosures Tribunal has posted an update to say it is now considering term of reference P which is:

To consider any other complaints by a member of the Garda Síochána who has made a protected disclosure prior to 16th February, 2017 alleging wrong-doing within the Garda Síochána where, following the making of the Protected Disclosure, the Garda making the said Protected Disclosure was targeted or discredited with the knowledge or acquiescence of senior members of the Garda Síochána.

It’s understood this includes the complaints made by Garda Nicky Keogh.

Supreme Court judge Peter Charleton will not be overseeing this final term of reference.

The updates states:

Report on matters relating to Garda Keith Harrison pursuant to term of reference (n) and (o) issued in November 2017.

The tribunal has now completed all its evidence in respect of terms of reference (a) to (o).

The chairman is considering all submissions received on terms of reference (a) to (o), excluding matters already reported on, and the tribunal hopes to issue a final report in October 2018.

Papers are being gathered on a preliminary basis as to term of reference (p).

Hearing this matter is outside the responsibility of the current chairman and a further announcement may be made.

Disclosures Tribunal

Related: Ex-drug squad whistleblower seeks damages (John Mooney, The Sunday Times)

 

 Acting Commissioner Donal O’Cualain, former Garda Commissioner Noirin O’Sullivan

Yesterday.

On RTE One’s This Week.

There was an item on Garda Nicky Keogh who has previously alleged that a garda was involved in the distribution of drugs in the Midlands.

RTE’s John Burke reported that the Minister for Justice Charlie Flanagan has indicated to Garda Keogh’s legal team that the matter is for the Garda Commissioner.

He also said he is “open to establishing an inquiry into the case in certain circumstances”.

The letter also stated he’s asked the Acting Garda Commissioner Donal O’Cualain for an update on the matter.

This is despite Mr O’Cualain, and his handling of the original investigation into the collusion claim, being the subject of a complaint to GSOC by Garda Keogh.

Readers will recall the following…

In May 2014, Garda Keogh, a then member of the drugs squad in Athlone, made a formal complaint to the confidential recipient Judge Pat McMahon about a garda in the drugs squad and their alleged involvement in the supply of heroin in Westmeath, Offaly and Longford.

His complaint was investigated by then Assistant Commissioner Donal Ó Cualáin.

In the same month, then Independent TD Luke ‘Ming’ Flanagan told the Dail:

“[Garda Nicky Keogh]’s greatest concern with the drugs operation in November 2009 is that there was a systematic and orchestrated effort by high-ranking Garda officers to induce and coerce citizens, in this case citizens with no previous criminal conviction, to buy drugs from drug dealers, putting them in personal danger, and sell the drugs in turn to undercover gardaí without making any profit, thus boosting crime detection figures concerning arrests, charges and convictions. The result of this operation was that these mostly young citizens of the State, who had no previous drug convictions, now have serious drug convictions.”

In October 2015, Garda Keogh made a complaint to GSOC regarding the manner in which Mr Ó Cualáin was carrying out his investigation

He alleged there appeared to be a cover up.

On October 20, 2015, Mr Ó Cualáin was appointed to the position of Deputy Commissioner.

On October 2, 2016, John Mooney, in The Sunday Times, reported:

An internal investigation into allegations of gardai collusion in heroin dealing in a midlands town has found evidence to substantiate claims made by a police whistleblower in 2014.

The inquiry has also established that a senior garda was warned about fears of corruption in the force by members of the drugs squad in 2009 but took no meaningful action.

The director of public prosecutions (DPP) recently advised Garda Headquarters that there was insufficient evidence to prosecute those implicated, although they now face disciplinary proceedings.

According to security sources, the internal inquiry concluded that one garda was in a relationship with a female heroin dealer in the town, which resulted in him compromising planned searches and raids.

One witness told investigators he was present when this garda alerted local criminals to a planned gardai search the following day, ensuring they had time to dispose of incriminating evidence, including mobile phones. The witness refused to make a statement under caution or agree to testify, however.

The investigation into the collusion claims was established after Nicky Keogh, a member of the drugs squad, used protected disclosure legislation to act as a whistleblower.

…Garda Headquarters has now suspended from duty the garda allegedly linked to heroin dealers, pending a disciplinary process. The force suspended the officer after the Garda Siochana Ombudsman Commission (Gsoc) said it was launching an inquiry.”

On October 30, 2016, Mr Mooney also reported:

“An internal garda investigation is understood to have found evidence to substantiate many of the claims made by Keogh in 2014. The garda inquiry established that a senior officer was warned about fears of corruption in the force by members of the drugs squad in 2009 and appears not to have taken meaningful action. [Noirin] O’Sullivan has not suspended the garda, though he is facing disciplinary proceedings.”

Broadsheet understands no report on this internal investigation has been published to date.

In November of this year, RTE’s John Burke reported how Garda Keogh’s solicitor John Gerard Cullen wrote to the Minister for Justice Charlie Flanagan, seeking an update on the investigation into Garda Keogh’s 2014 claims of collusion between a garda and a drugs gang.

Mr Cullen wanted to know who was overseeing the investigation into the claims; what was its status or outcome; and what was the outcome of other reports previously commissioned by the former Minister for Justice France Fitzgerald.

Readers will recall that, in May 2015, Garda Keogh wrote to Ms Fitzgerald and claimed he was being harassed by other gardai following his protected disclosure.

And, in May 2016, Ms Fitzgerald asked the then Garda Commissioner Noirin O’Sullivan to provide her with an update of the case which was ultimately forwarded to GSOC.

Garda Keogh has not had sight of any of these previous reports.

On yesterday’s This Week, Mr Burke reported how the Minister for Justice Charlie Flanagan has told Garda Keogh’s legal team that he cannot provide it with these reports due to “ongoing investigations and processes”.

And he said the actual investigation into the claims is a matter for the Garda Commissioner.

Mr Burke also reported that, in his letter, Mr Flanagan has said he has asked the Acting Garda Commissioner Donal O’Cualain for an up-to-date report on the matter.

As regards him being “open to establishing an inquiry into the case in certain circumstances”, Mr Burke reported:

The circumstances are should the ongoing investigations into this matter prove inconclusive when they’re finalised.”

In relation to Mr Flanagan’s written undertaking, the Garda Keogh’s solicitor John Gerard Cullen told Mr Burke:

Firstly, its terms are very vague. Its conditions are non-specific and it, effectively, it seems to be meaningless. First of all, it appears that the matter would trigger any such investigation is the investigation proving inconclusive. Now, of course, many miscarriages of justice have proved very conclusive indeed.

“So that, in itself, is an inadequate reason, why there should be an investigation. It would also appear to pass the responsibility of answering this question to, perhaps, another body.

“It appears to be kicked down indefinitely down the road into the future.

“And, of course, the problem about that undertaking is that it doesn’t cure the delay which is causing ongoing prejudice in terms of lack of transparency about what is happening in the substantive investigation of what documents are being preserved, if any, what emails, what telephone exchanges and so forth.

“So that when one comes to this possibility, and it’s merely a possibility of an investigation sometime in the future, delay may have allowed the evaporation of evidence, that’s grossly prejudice.

“That’s my reaction to the undertaking.”

Listen back in full here

Flanagan open to inquiry over claims gardaí colluded with drug gang (RTE)

Previously: Meet The New Acting Commissioner

Acting Garda Commissioner Dónal Ó Cualáin and former Garda Commissioner Noirin O’Sullivan 

Further to Noirin O’Sullivan stepping down from her position as Garda Commissioner.

The new acting Garda Commissioner, until a replacement is found, is Deputy Commissioner Dónal Ó Cualáin.

Readers may wish to note that Mr O’Cualáin has previously been named in the Dáil, in relation to claims of a cover-up regarding Garda collusion with heroin dealers.

Garda Keith Harrison first raised his suspicion that a garda was involved in the distribution of drugs in Athlone in November 2008 but he claims, in a complaint to GSOC and in his statement to the Disclosures Tribunal, that nothing happened on foot of making his suspicions known.

Garda Harrison later arrested this same garda for drink-driving in June 2009.

Garda Nicky Keogh then made a formal complaint to the then Confidential Recipient Judge Pat McMahon about the same garda and the sale of heroin in Athlone in May 2014.

His complaint was investigated by then Assistant Commissioner Donal Ó Cualáin.

In October 2015, Garda Keogh made a complaint to GSOC regarding the manner in which the then Assistant Commissioner Dónal Ó Cualáin was carrying out his investigation into the alleged involvement of a garda into heroin dealing with Garda Keogh alleging that there appeared to be a cover-up.

Later that month, Mr Ó Cualáin was promoted to Deputy Commissioner.

A GSOC report into their investigation of Garda Keogh’s complaint has yet to be released.

On May 25 in 2016, following the publication of the report of the O’Higgins Commission of Investigation, which investigated complaints of Garda misconduct in Cavan/Monaghan by Sgt Maurice McCabe, TDs gave statements in respect of the report.

During his speech in the Dail, Mick Wallace, Independents 4 Change TD, said:

“In the past two years myself and Deputy Clare Daly have raised issues 18 times about how the Department and the Commissioner have dealt with whistleblowers.

Garda Nicky Keogh wrote to the Minister [Frances Fitzgerald] last week. He made allegations on May 8, 2014 to the confidential recipient, Judge Pat McMahon. After that, he said he was subject to five internal investigations and relentless harassment. He said he has been driven out and has been out sick since December 26. He also says he has got no protection. The Minister will know this from the letter she received.

His letter went on to say that further to his letter dated July 25, 2015, he had made a protected disclosure to GSOC in respect of a flawed Garda criminal investigation into a conspiracy to supply heroin involving a member of An Garda Síochána in contravention of section 21 of the Misuse of Drugs Act 1977.

He said he believed this was no more than a deliberate and unmitigated coverup by the Deputy Commissioner, Donal Ó Cualáin. He said he believed that the investigation was similar to the internal Garda investigations into Garda misconduct in Donegal in the 1990s.

He went on to say that the protection offered to him as a whistleblower under the terms of the protected disclosures legislation was completely disregarded and ignored by the Garda Commissioner, Nóirín O’Sullivan.”

Two years prior to Mr Wallace’s statement to the Dáil, then Independent TD Luke ‘Ming’ Flanagan spoke of Garda Nicky Keogh’s allegations in the Dáil, on May 8, 2014, saying:

“His allegations are serious, including a cover up of an original file which was stolen, with the original incident being removed from the PULSE system; the creation of new statements and appearance of new original information; non-compliance by the Garda with the court order for disclosure and at least one of the accused being threatened by a garda to plead guilty on the day of the court case.”

[Garda Nick Keogh]’s greatest concern with the drugs operation in November 2009 is that there was a systematic and orchestrated effort by high-ranking Garda officers to induce and coerce citizens, in this case citizens with no previous criminal conviction, to buy drugs from drug dealers, putting them in personal danger, and sell the drugs in turn to undercover gardaí without making any profit, thus boosting crime detection figures concerning arrests, charges and convictions.

The result of this operation was that these mostly young citizens of the State, who had no previous drug convictions, now have serious drug convictions.”

“Finally, a further aspect of grave concern regarding the planning of this operation was that the list of persons nominated to be targeted had a notable omission in that a significant and well recognised drug dealer in the area who has long been associated with a senior member of the drugs unit was excluded.”

On October 2, 2016, John Mooney, in The Sunday Times, reported that an internal investigation into Garda Nicky Keogh’s complaints of Garda collusion in heroin dealing in the Midlands had “found evidence to substantiate claims” made by Mr Keogh but that the DPP advised there was “insufficient evidence to prosecute those implicated”.

Broadsheet understands no report on this internal investigation has been published to date.

Readers will recall how the report into the O’Higgins Commission of Investigation didn’t mention certain events which took place during the private commission.

After the report was published, Michael Clifford, of the Irish Examiner, and Katie Hannon, of RTE’s Prime Time, reported that Colm Smyth, the senior counsel for the Garda Commissioner Noirin O’Sullivan, set out in the early stages of the commission that evidence would be produced to show that Sgt McCabe had told two other gardaí that he was making his complaints out of malice.

But a few days after this submission, Sgt McCabe told Judge Kevin O’Higgins he had a tape recording of the meeting in question.

The matter was subsequently dropped when the recording proved the allegation to be wrong.

In addition, readers may also wish to note that Broadsheet reported last week that, in regards to the wrongful allegation of malice, An Garda Siochana also claimed the reason Sgt McCabe was supposedly acting out of malice was because he wanted the DPP’s directions against him, in respect of Ms D’s 2006 allegation of “humping” – a matter which is part of the current Disclosures Tribunal – overturned.

It’s understood An Garda Siochana made this allegation on the belief that Sgt McCabe didn’t know the DPP’s directions.

However, it was also dropped when Sgt McCabe informed Judge O’Higgins that he had full knowledge of the DPP’s directions and was very satisfied with them.

Previously: A Breathtaking Timeline

Absence Of Malice

How Did He Get Here

Businesspost.ie/Irish Mirror/Rollingnews

Minggarda

 

 

 

Gardaí ‘linked to heroin dealing’, claims Flanagan (BreakingNews.ie)

Previously: Blowback