Tag Archives: Nicky Keogh

 

On Thursday, April 11.

At 11am.

The Disclosures Tribunal will resume at George’s Hall in Dublin Castle when Mr Justice Seán Ryan will introduce the tribunal’s remaining term of reference ‘P’.

This term of reference states:

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 complaints made by Garda Nicky Keogh.

Disclosures Tribunal Notice and Procedures of the Tribunal in relation to Term of Reference (p) (Disclosures Tribunal)

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You may recall a post from last week concerning Garda whistleblower Keith Harrison.

It included excerpts from a letter sent by Mr Harrison’s solicitors to Garda Commissioner Nóirín O’Sullivan on May 20, 2016, outlining how he had been subjected to harassment and continued attempts to smear his reputation and undermine his credibility.

It was one of 14 such letters sent to Ms O’Sullivan by Garda Harrison’s solicitors.

Last October, during a meeting of the committee on justice and equality, Independents 4 Change TD Clare Daly repeatedly asked Ms O’Sullivan if she was privy to any information about allegations of mistreatment of Garda whistleblowers and Ms O’Sullivan repeatedly replied:

“I’m not privy to, nor did I approve, nor would I condone any campaign of harassment…”

Further to this…

Last night, Ms Daly returned to the matter of Garda whistleblowers and what Ms O’Sullivan knew, and when, in the Dáil. She told how she’s been in contact with 10 Garda whistleblowers – all of whom, bar one, are currently out sick.

Ms Daly was speaking during a debate on a report on Garda oversight and accountability compiled by the Joint Oireachtas Committee on Justice and Equality.

She said:

This report is not just aspirational, containing ideas we have circulated for the craic; these are serious observations, made in part on the basis of the engagement we had with the oversight bodies and the Commissioner and her team and in part from our experience over recent times. In that context, I welcome the fact that the Minister will take on board some of the committee’s recommendations.

“That is a very welcome development. Without in any way being churlish, I believe it is an awful pity some of the recommendations were not taken on board previously.

It is a matter of record that many of the recommendations contained in the report and the Minister’s Bill were made by us a number of years ago during the debate on the first GSOC and Policing Authority Bills. I am not saying this to score points, but people have suffered as a result of some of these provisions not being available during the two years since the most recent GSOC Bill was implemented…

“…We must be realistic about why the concept of oversight has gained popular currency and is being talked about by the dogs on the street. There is just one reason, that being, the heroic stance of a number of Garda whistleblowers who shed a light on an insular blue wall of silence, an organisation in which, contrary to what the Commissioner says, dissent was deemed to be disloyalty and punished accordingly. The order of the day was rats, death threats and serious intimidation of people who tried to do the right thing.

The public perception of what a whistleblower is has been stood on its head. Now, being a whistleblower is identified as a position to be lauded, and one that makes a valuable contribution to improving the situation for all gardaí and members of society. There are many good gardaí and, for some time, they have believed that the situation will change. They stepped forward accordingly to join the ranks of the whistleblowers and improve matters.

We have engaged with ten serving members of An Garda Síochána who have made protected disclosures of one sort or another. Under a change in the previous legislation, GSOC is now the confidential recipient and the vehicle through which gardaí make complaints. That service needs to be beefed up radically because GSOC does not have the time or resources to provide it adequately. It does not have the legislative power to compel Garda co-operation that it needs.

Many cases have stalled because of delays in the Garda handing over material that GSOC needs to conduct its investigations. This non-co-operation continues today. It can be covered up as administrative delays and so on, but it impacts on the work being done.

A number of the whistleblower cases in question are in the public domain, but others whose cases are with GSOC – in the instance of Keith Harrison, for more than two years – have had relatively limited meaningful engagement with GSOC because of delays with documentation and so on. In Nicky Keogh’s case, the GSOC investigation has practically concluded and disciplinary recommendations have been made, but the Garda has not agreed to GSOC’s involvement.

“These serious matters are ongoing. One must ask, if the situation is improving, why all these gardaí bar one are out sick. All have made allegations about bullying and harassment since coming forward, which is in direct contrast with the public statements of the Commissioner that she does not know of any harassment.

“We know that she has been directly informed of that harassment, as has the Minister. Most recently, serious allegations were made, and were widely covered in the provincial media, during an assault case after Christmas. In open court, evidence was produced of doctored witness statements. The people involved in the assault were also involved in a case in which a garda had been accused of involvement in the drug trade and so on. Criminal prosecutions are being impacted.

The situation cannot be right if so many people are out sick. The case of the only garda who made a protected disclosure but who is not out sick is appalling. It involves a family law case. He received information to the effect that the judge, who was a family friend of his former wife, had held a meeting before the court case and then granted a protection order against him. He then made a complaint to the Garda. Not only was his complaint not investigated, but the senior garda involved initiated criminal proceedings against him for interfering with the judicial process when the circumstances clearly did not meet the criteria.

“That person, albeit a member of the Garda, was a victim, only to be revictimised by what the senior garda did. To add insult to injury for him and a number of other Garda whistleblowers, the very man who did that was brought by the Commissioner to attend our committee’s hearings into oversight as a witness for An Garda Síochána. Confidence among serving members is not developed if this type of behaviour is happening.

The Minister will see from the committee’s recommendations that we want the Policing Authority to have more control over the Commissioner. This is not a new idea.”

Transcript: Oireachtas.ie

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This afternoon.

During Leaders’ Questions.

Independents 4 Change TD Mick Wallace raised the Garda whistleblower controversy again with Taoiseach Enda Kenny.

It follows a report in The Irish Times this morning which says the Government will launch a Commission of Investigation into claims made by former head of the Garda Press Office Supt Dave Taylor following a review of his claims by retired high court judge Iarlaith O’Neill.

Supt Taylor has claimed there was an alleged campaign within the gardai to ruin the reputation of Sgt Maurice McCabe.

Readers will recall how, last October, Trevor Collins, the solicitor of fellow Garda whistleblower Keith Harrison, raised concerns about Mr Justice O’Neill’s remit.

He said the exclusion of claims made by other Garda whistleblowers – including those of Garda Keith Harrison and  Garda Nicky Keogh – from Mr O’Neill’s review made it a “flawed inquiry from the very outset”.

Further to this…

Mr Wallace raised the cases of Garda Harrison and Garda Keogh and the conflicts of interest that have emerged in relation to the investigations of their claims…

And he told how, just last week, the Minister for Justice Frances Fitzgerald received a letter from a  whistleblower about a witness statement being doctored by gardai in an assault case. Mr Wallace said the background to the case involved the planting of drugs by a garda.

From Leaders’ Questions…

Mick Wallace: “We read today that you’re about to commence a Commission of Investigation into certain Garda matters, following the O’Neill report. Yesterday, the Garda Commissioner [Noirin O’Sullivan] was on the airways, telling us how wonderful everything is and how wonderful she is herself – bombing us with doublespeak.”

“Meanwhile, Taoiseach, the harassment of whistleblowers continues. The Tánaiste last December said to me, in reply to a question, the Garda Commissioner is entitled to her good name, as indeed are people making allegations entitled to theirs, unless facts properly established prove otherwise.”

“Well, Taoiseach, David Taylor, who was interviewed for 21 hours, a file sent to the DPP in September 2015, 2015 – and there’s no decision yet. Nothing has been proven against him. Is the Garda Commissioner allowed to ride rough shod over fair procedure in this area? The commissioner said yesterday: ‘I have absolutely no knowledge nor was I privy to any campaign to undermine any individual in An Garda Siochana’.”

“Taoiseach, 14 times, Keith Harrison wrote to her, detailing his harassment and bullying. He’s out sick since May 2010. He’s on €188 a week and there’s three kids at home. Nick Keogh has got nothing but grief since he reported malpractice.

The commissioner yesterday was boasting yesterday  about taking part in the fight against heroin. But she’s protecting the Chief Superintendent who’s been involved in the heroin case in Athlone. And last year, she placed a superintendent on the promotion list who has been accused on numerous occasions of harassing a whistleblower. ”

In June 2015, the Garda Commissioner appointed an assistant commissioner to carry out an investigation into the allegation surrounding the chief superintendent and the garda for the drugs squad in Athlone. But it was the same assistant commissioner accused of earlier leaking information back to the super who was the subject of the complaint.

“In October 2015, the commissioner stated that she had commenced an investigation into this alleged conflict of interest. October 2015. Not a word of it since. I wonder where is it, Taoiseach?”

Following the investigation into the matter, GSOC have asked for disciplinary procedures to be taken against them. Who does Noirin appoint to look after it? Yes, the very same assistant commissioner. Who also happens to be retiring in April so he probably won’t even get to the end of it and delay it all even further.”

“This month, GSOC asked to oversee the disciplinary procedure. GSOC’s request was refused. Taoiseach, when are you going to publish the report? Are you going to include the protective disclosures of all whistleblowers in the investigation, because if you don’t, it’s only a case of kicking the can down the road because we’ll eventually have to do it. And Taoiseach, do you intend to leave the commissioner in place while the investigation goes on because it will make a mockery of it if you do.”

Later

Enda Kenny: “Mr Justice O’Neill was asked to review the allegations of wrongdoing. He was also asked to include any recommendations which he considered appropriate. The report, I understand, sets out in detail the allegations contained in the protected disclosures. I’m sure that the House will appreciate that in the view of the nature of the allegations, and the fact that third parties are mentioned, the Tánaiste referred this to the Attorney General for advice on how to proceed, including the question of what material might properly be put into the public domain, having regard for the rights of all concerned.”

I understand that the Attorney General has given some response to that but has some further matters to conclude on. And I also understand that the specific proposals will come to Government shortly, including putting the conclusions and recommendations of Mr Justice O’Neill to the public domain, Deputy Wallace.”

Later

Wallace: “Taoiseach, you haven’t answered any of my questions. Now while the Government sat on the O’Neill report, which you still haven’t told me when you’re going to publish, GSOC had to go to the High Court to force the Commissioner to hand over the transcripts of the O’Higgins Report – almost eight months since the Tánaiste requested GSOC to investigate the same.”

Only last week Taoiseach, the minister got a letter from a whistleblower regarding a witness statement being doctored by garda, the gardaí, in an assault case. The background to the assault case related to the planting of drugs by a garda.”

“Taoiseach, I’ll ask you again: when are you going to publish the report? Do you intend to lead the commissioner in place? Because it will be laughable if you do. And, Taoiseach, if all is so well as the commissioner likes to tell us. Can you explain to me, or can the commissioner explain to me: why are so many whistleblowers out sick? Why aren’t they at work?”

“Why doesn’t Noirin O’Sullivan ring the whistleblowers? How come she’s never even rang… she’s rang none of them. Taoiseach, would you consider asking the commissioner to ring the whistleblowers that she says she cares so much about? Because, Taoiseach, it’s a bit scary. What she says in public is one thing. The reality, on the ground, couldn’t be much different.”

Kenny: “The [protected disclosures] act protects gardai, if they make a report – either to GSOC or the commissioner – for having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure. That’s the law of the land. That’s what the act says protects whistleblowers for. You mentioned, of course, that the minister did receive the report from judge O’Neill. There are third parties mentioned in this report and it’s only right and proper that we return to the Attorney General for advice as to in what form and what element it should be published. And, in the ministers engaging with the Attorney General on that matter, my understanding Deputy Wallace is that this will come back to Government very shortly including proposals to implement the findings that Justice O’Neill has, has recommended, following his report being sent to the minister.”

Previously: The Wrong Side Of The Thin Blue Line