Tag Archives: Lynn Margiotta

From top: The Herald cover of September 18, 2015; Store Street Garda Station

Michael Clifford, in the Irish Examiner, reports:

The Garda Síochána Ombudsman Commission (Gsoc) has opened a public interest investigation into the prosecution of a brother and sister for allegedly producing false sick notes.

The investigation follows an unprecedented referral from the Policing Authority to Gsoc on foot of concerns about media reports of the case of Lynn and Tony Margiotta. This is the first time the authority has used its power to refer a matter to Gsoc for a public interest investigation.

Garda Commissioner Drew Harris was repeatedly asked about the matter at private Policing Authority meetings between March and May this year, before the Authority decided a full investigation was required.

Former female civilian guard Lynn Margiotta has been seeking an inquiry into how she was treated by her employer after she made a verbal complaint of bullying against a Garda member.

Michael Clifford, in The Irish Examiner, previously reported how Lynn Margiotta and her brother Dr Tony Margiotta ended up before a judge in the Dublin Circuit Criminal Court in March over sick notes she produced to her employer – An Garda Síochána – saying she was unfit to work.

It had been the prosecution’s case that Ms Margiotta had obtained the sick notes by deception as Dr Tony Margiotta had used the stamp of other GPs on the sick notes.

Ms Margiotta was arrested at her home in Navan, Co Meath, by three gardai from her own station, Store Street Garda Station, on August 11, 2014 – three weeks after she made the bullying complaint.

She was told she was under arrest for fraud.

Ms Margiotta was arrested a second time on September 18, 2015 – despite an expert in GP stamps Professor Colin Bradley, of University College Cork, having completed a report for the gardai seven months previous, in February 2015, in which he outlined there was no requirement for doctors to use their own stamp and, furthermore, locums are likely to use stamps of other doctors.

Ms Margiotta and her brother were later arrested at their homes without notice in June 2017, and charged.

However, the case against Ms Margiotta collapsed on March 26, 2019, after Judge Patricia Ryan ruled her rights had been abused as she had been denied access to a solicitor while in custody, and her privacy breached as her medical records had been accessed without her consent.

The case against her brother Dr Margiotta – who worked between two practices in 2014 and was a locum in one of the practices – was also dropped.

Ms Margiotta’s second arrest was reported on the same day, on the front page of The Herald with the headline “Dublin based garda employee arrested for using ‘fake sick certs’.”

Gsoc to investigate Garda treatment of civil employee over sick notes (Michael Clifford, Irish Examiner)

Unanswered questions in Garda sick cert case (Michael Clifford, Irish Examiner)

Previously: Malingering Odours

Questions, No Answers

Garda Commissioner Drew Harris

On Thursday, May 9 last, Garda Commissioner Drew Harris appeared before the Public Accounts Committee.

During his appearance, he was asked about the case of female civilian guard Lynn Margiotta.

Ms Margiotta is seeking an inquiry into how she was treated by her employer after she made a verbal complaint of bullying against a Garda member.

Michael Clifford, in The Irish Examiner, has previously reported how Lynn Margiotta and her brother Dr Tony Margiotta ended up before a judge in the Dublin Circuit Criminal Court in March over sick notes she produced to her employer – An Garda Síochána – saying she was unfit to work.

Ms Margiotta was arrested at her home in Navan, Co Meath, by three gardai from her own station, Store Street Garda Station, on August 11, 2014 – three weeks after she made the bullying complaint.

She was told she was under arrest for fraud.

It had been the prosecution’s case that Ms Margiotta had obtained the sick notes by deception as Dr Tony Margiotta had used the stamp of other GPs on the sick notes.

However, almost five years later, the case against Ms Margiotta collapsed on March 26, 2019, after Judge Patricia Ryan ruled her rights had been abused as she had been denied access to a solicitor while in custody, and her privacy breached as her medical records had been accessed without her consent.

The case against her brother Dr Margiotta – who worked between two practices in 2014 and was a locum in one of the practices – was also dropped.

Today, Mr Clifford, in The Irish Examiner, reports that early on in the Garda investigation, an expert in GP stamps, Professor Colin Bradley, of University College Cork, carried out a report on the matter for the gardaí.

This report was completed on February 8, 2015 and outlined there was no requirement for doctors to use their own stamp and, furthermore, locums are likely to use stamps of other doctors.

Despite this, Lynn Margiotta was arrested a second time in September 2015, while her and her brother were arrested at their homes without notice in June 2017, and charged.

On February 6, 2019, the siblings’ solicitors obtained the Bradley report during the discovery process for their trial – after they chose to contest the charges and the matter was elevated to the Circuit Criminal Court [the DPP had agreed to allow the matter be dealt with in the District Court had they pleaded guilty].

Further to this…

Mr Clifford reports this morning:

In evidence at the PAC on May 9, Mr Harris said there was no record of a bullying complaint in the case.

“None can be found,” he told David Cullinane TD.

However, the Irish Examiner has learned that Ms Margiotta did make a verbal complaint, setting in train a process that would lead to a formal written complaint.

As per public sector policy, there was due to be a meeting to attempt mediation in the issue, but before the meeting could take place, she was arrested over the alleged false sick notes.

This information was conveyed to the Garda Press Office on Monday, for a response in relation to Mr Harris’ evidence, but no response was given.

Separately, the commissioner also appeared to give the PAC the impression that the case was being investigated by the Garda Ombudsman (Gsoc).

Mr Cullinane asked the commissioner if he was of a mind to “personally examine the elements of the case that are in the public domain”.

The commissioner responded: “That is also the subject of a public complaint to Gsoc. The material we are putting together is for its information and I have to wait for it to make its recommendations.”

According to a spokesperson, Gsoc is not currently investigating any aspect of the case that it understands was being referred to at the PAC.

In response to a question on this matter, the Garda Press Office replied that the commissioner was referring to a complaint from 2016.

In fact, the 2016 complaint, a copy of which has been seen by the Irish Examiner, referred to leaks to the media about Ms Margiotta’s arrest.

This was completed without resolution by Gsoc in November 2017.

Garda Commissioner’s evidence over prosecution of civilian employee raises questions (Michael Clifford, The Irish Examiner)

Garda boss Harris risks walking into a seamy mess over civilian prosecution case (Michael Clifford, The Irish Examiner)

Previously: Malingering Odours

From top: The Herald cover of September 18, 2015; Store Street Garda Station

This morning.

The Irish Examiner reports female civilian garda Lynn Margiotta, who works at Store Street Garda Station in Dublin city, and her brother Dr Tony Margiotta, ended up before a judge in the Dublin Circuit Criminal Court last month over sick notes.

The case against Ms Margiotta collapsed after Judge Patricia Ryan ruled her rights had been abused as she had been denied access to a solicitor while in custody, and her privacy breached as her medical records had been accessed without her consent.

The case against her brother Dr Margiotta was also dropped.

Mick Clifford reports:

“The prosecution’s case was that Dr Margiotta had provided his sister with medical certs to say she was not fit for work. The gardaí did not dispute that she was unwell at the time, but claimed the medical certs were obtained by deception.

“The certs were signed by Dr Margiotta, but bore the stamp of other doctors who worked or had worked in the practice where he was working. The trial heard that an expert had given an opinion that locum doctors using the stamp of another doctor in a practice is not unusual.”

Now, Ms Margiotta wants a full inquiry into the matter.

The Examiner reports that three gardai from Store Street Garda Station arrested Ms Margiotta at her home in Navan, Co Meath on August 11, 2014 – three weeks after she made a complaint of bullying against a Garda member – and told her she was under arrest for fraud.

They told her this was in connection with how she got sick notes for days missed at work, despite nobody from Human Resources speaking with her about the matter first.

She had missed work “over a dozen occasions” between January and July 2014, during which she suffered a form of depression following the death of her mother, to whom she was very close.

Ms Margiotta was arrested a second time, on September 18, 2015.

This was reported on the front page of The Herald with the headline “Dublin based garda employee arrested for using ‘fake sick certs’.”

The newspaper reported:

“She was putting in sick certs for days that is it suspected she was not sick at all…If a prosecution does happen, it is understood that it will be the first time in the history of the State that an employee will be hauled before the courts for allegedly providing fake sick notes to their employer.”

Ms Margiotta was later released that day.

But on Saturday, June 10, 2017 she was at her father’s house in Finglas when gardai called again and told her she was to be taken to court to be charged.

Another 21 months passed before the case came before Judge Patricia Ryan and collapsed.

Ms Margiotta hasn’t been contacted by her employer since her arrest in August 2014; she has been mainly without an income since; and she has yet to be informed about what happened to her bullying complaint.

Call for inquiry into Garda sick notes probe (Michael Clifford, The Irish Examiner)

Disturbing questions arise in case against civilian member of gardaí over sick certs (Michael Clifford, The Irish Examiner)

Related: Trial of garda civil servant in relation to use of bogus sick certs collapses (The Irish Times, March 26, 2019)

Pic: Irish Examiner