‘Yes, it took longer than anybody would have liked... but process is important’
Minister accepts inefficiency of investigation of garda who was suspended for lending a bike to elderly man
AN investigation into a garda who was suspended after he lent a bicycle to an elderly man during Covid ‘took longer than anybody would like’, Justice Minister Helen McEntee has admitted.
The incident happened in a Garda station in the midlands during the pandemic, when an elderly man told gardaí he was unable to get around as his own bicycle was broken.
An investigation was launched into the incident in the early months of 2020, which led to detectives seizing the bicycle and searching the garda’s home in June 2020.
The garda was suspended for three years until the DPP decided that he had no case to answer.
Yesterday, Ms McEntee accepted that the investigation into the respected garda had taken ‘longer than anybody would like’ but she added that ‘the system was followed’.
‘We have a process and I think it’s important that the process is allowed to follow due course. There is an outcome there and we all fully accept the outcome,’ she told RTÉ.
‘I think what’s most important for
‘I saw the rationale for why that was done’
me as minister is making sure the disciplinary process, or any other like it, is efficient, that it acts in a quick way and the outcome is beneficial for all of those involved.
‘What’s most important to me is that you have a system that’s efficient and effective and that where somebody is cleared, that that can be done as quickly as possible,’ she said.
‘But there is a process and you have to allow that to take its course.’
Garda Commissioner Drew Harris has also defended the prosecution of a serving officer and said all the facts were not in the public domain.
The commissioner was grilled about the investigation during a meeting of the Public Accounts Committee yesterday.
Mr Harris was asked by Fine Gael TD Alan Dillon at the meeting if he believed that it was disproportionate that the officer was prosecuted.
‘No, I don’t agree,’ Mr Harris said, and added: ‘The problem is all the facts as they were initially known are not in the public domain.’
The garda lent the 70-year-old man a bicycle from the Garda Property and Exhibits Management System (Pems).
The commissioner said the Pems system is something which needs to be vigorously protected to maintain ‘continuity of evidence’.
‘The Pems system contains literally thousands of pieces of property and exhibits as well as a huge amount of cash, a huge amount of drugs, firearms.’
Mr Harris said the whole system is linked to the internal Garda Pulse system to safeguard the ‘continuity of evidence and the security of property that comes into our possession’.
As the story broke earlier this month that the garda had the disciplinary charges against him dismissed, many politicians – as well as members of the Garda Representative Association (GRA) – said that a ‘commonsense’ approach was needed in cases such as these.
However, Mr Harris once again defended the actions of senior gardaí and added: ‘I’m not quite sure what a common-sense approach is, if you resile yourself that you won’t be taking care of the property in your possession.’
On the investigation itself, the commissioner added: ‘I saw the rationale for why that was done and that it was done.’
While the garda was reinstated in August last year, an internal disciplinary investigation continued. Consequently the garda was put on ‘restricted duties’, meaning he could have no interaction with the public.
He faced several disciplinary charges, including discreditable conduct, misuse of property, neglect of duty and disobedience.
The garda had lent the bicycle to the man but he had not filled out the proper paperwork, which led to a disciplinary investigation being launched.
Earlier this month, GRA general secretary Ronan Slevin said his organisation welcomed the decision to clear the officer but said serious reputational damage had been done to An Garda Síochána as a whole.
Mr Slevin said: ‘We of course welcome the panel’s decision to recommend that the commissioner completely clears the member of any wrongdoing and look forward to the publication of the full report.
‘This was a case where good, decent community policing – which is at the very heart of why we are trusted by the people we serve – was blown apart and relationships destroyed.
‘In essence I believe a sledgehammer of discipline was used to crack a nut and the reputation of a long-serving member was damaged, his honesty questioned and his livelihood threatened.
‘Unfortunately this once again shows the disconnect between management and those on the front line and a lack of common sense and proportionality when investigating community-facing policing issues.
‘This has been systemic in An Garda Síochána of late with a policy of “suspend first, ask questions later”, which has been instigated and overseen by Garda management and supported by the commissioner,’ Mr Slevin added.