THOUSANDS OF GARDAI ‘LET YOUTH CRIMINALS WALK FREE’
Commissioner says quarter of force is under investigation and adds: ‘We let down society’
GARDAÍ are giving individual apologies to more than 3,400 crime victims who never got justice after being let down by the force. Almost 3,500 repeat young offenders escaped prosecution for 8,000 crimes – which included rape, burglary and serious assault – due to police blunders. This latest scandal, which will see a quarter of the force being investigated, potentially exposes gardaí to millions of euro in lawsuits that will likely drag on for years.
Adding to the trauma of the victims, Garda Commissioner Drew Harris has revealed that most of the youth offenders cannot now be prosecuted because the time limit
has run out. He apologised ‘profoundly’ to the victims of the 7,894 crimes and said: ‘We let society down.’ The gardaí yesterday began issuing letters of apology to each victim, many of whom will also be offered a personal visit from their local gardaí. Mr Harris said most of the youths were habitual, recidivist juvenile offenders already well known to gardaí, and seven of them committed more than 20 crimes for which they were never prosecuted.
He said 3,400 gardaí, a quarter of the force, are now facing disciplinary investigation to determine if they were at fault for failing to properly proceed criminal cases, adding that the mammoth internal investigation was ‘extraordinary’ but necessary, given the enormity of the mistakes.
Fianna Fáil justice spokesman Jim O’Callaghan told the Irish Daily Mail last night that there could potentially be claims from the thousands of people affected.
Even if these were small awards, as he suggested, the cost could add up to millions.
Mr Harris said: ‘I’ve asked chief superintendents in each region to examine and consider if there’s disciplinary issues. That’s an extraordinary undertaking involving 3,400 members. It is the only response to such a serious failing.’
More than 3,400 victims were affected by the crimes between 2010 and 2017, but gardaí failed to properly follow up on the referrals, leading to the youth offenders committing further offences, it was claimed. The offences affected 2,492 personal victims, and 988 business victims. And as many as 3,500 under-18s escaped prosecution with 29% suspected of public order offences, 19% for theft, 14% for traffic and 11% for criminal damage.
Fifty-five of them were categorised as ‘serious crimes’ including an incident of rape, an incident of child neglect, and a sexual offence.
Other serious crimes included a threat to kill, aggravated burglary, escape from Garda custody and causing an explosion.
Commissioner Harris said yesterday: ‘On behalf of An Garda Síochána I want to apologise to the more than 3,000 individuals and organisational victims. They expected us to pursue crimes committed against them… we did not. I profoundly apologise for this failing… The public expected a lot more. We let society down.’
Mr Harris added: ‘I also want to
‘We should have done better by them’
apologise to the young people suspected of committing crimes. We should have done better by them.’
But reinvestigating the crimes that weren’t prosecuted was ‘unlikely’ due to the statute of limitations. However, gardaí will now consult with the Director of Public Prosecutions on individual cases.
‘That [prosecutions] is unlikely… But we haven’t closed that avenue off,’ he said.
It has been established that the alleged rapist will not be prosecuted for various reasons, which Mr Harris disclosed to the Policing Authority in a private session yesterday.
Mr Harris also revealed that 57 of the juveniles have since died.
‘That is very much regretted,’ he said, as those youths might have been helped had they gone through the criminal justice system.
Victims of serious crimes will receive a visit over the coming days and a helpline was launched yesterday for those affected, and will run every day from 7am to 10pm for the next two weeks.
All of the young offenders involved, or their parent or guardian, if they’re under 18, will also receive letter.
The problem arose because some youth offenders were considered so bad they could not be put on the Juvenile Diversion Programme, which aims to encourage youths away from crime. But thousands were not prosecuted.
Assistant Commissioner Pat Leahy told the Policing Authority that 2,500 youth offenders were not prosecuted for up to two offences, another 870 had between three and ten, a further 35 were suspected of committing over 20 crimes while another seven youths were not prosecuted for more than 20 offences.
Fianna Fáil’s Mr O’Callaghan said it is ‘extremely worrying’ that serious offences were included and that explanations must be provided.
‘Imprisonment is not always the appropriate action to deal with those whose behaviour has led to their involvement with the youth justice system, but that is not to say that some 8,000 reported crimes should go without targeted, strategic attention,’ he said.
‘Should these crimes have gone unpunished due to administrative error or as a result of Garda negligence, it is essential that both the minister and Government respond,’ the spokesman said.
Director of services at Support After Crime Services, Sally Hanlon, stressed the importance of showing offenders the consequences of their actions when they are young.
‘In relation to serious crimes… there has to be accountability in cases like that, or else there’s no learning,’ she told the Mail. ‘If you have learning, you have to have consequences and make sure those who commit the crimes realise there are consequences, and how they must restore the harm – because that’s what it’s all about.’
She added that an offender not being reprimanded can be difficult for the victim, who ‘cannot and is not expected to comprehend that this is the outcome of a crime, irrespective of the age’.
Senior Garda management must be held to account, according to Social Democrats co-leader Róisín Shortall.
‘When known youth offenders go unpunished, communities live in fear and trust in the force is completely shattered,’ she said.
The helpline number for those who think they may have been affected is 1800 589 589. Comment – Page 14 ali.bracken@dailymail.ie