BREACHES OF DISCIPLINE: CASES INVESTIGATED BY THE OMBUDSMAN

DASHCAM footage showed an unmarked Garda car ‘clearly driving in the bus lane and through a red light’. The occupants were identified and a Garda witness confirmed they were on duty at the time. The driver claimed an exemption under Road Traffic Act rules for emergency vehicles. The Ombudsman sent a file to the DPP who directed no prosecution. However, a report was sent to the Garda Commissioner and the driver was found in breach of discipline.

A criminal investigation was launched after several thousand euro in an evidence bag went missing from a Garda station. It transpired the money had been mislaid and it was found in a different room in the station. The garda involved was cautioned.

A tenant went to a Garda station alleging that his landlord was threatening to evict him illegally and threatening physical abuse. He alleged that the first garda he dealt with assisted him but a second garda refused to assist, denied there was a pandemic moratorium on evictions, told him to leave and ‘behaved aggressively’. The garda was found in breach of discipline for discreditable conduct. He was fined and did not appeal.

A father complained that his five-year-old son was injured in a crash and that, despite an admission of liability by the driver, gardaí decided not to prosecute. The man believed the driver had influenced this decision. The ombudsman confirmed the decision not to prosecute was made by ‘an inexperienced and temporary inspector’ and that an internal Garda review had reversed the decision.

A man alleged that, after an altercation about face masks in a supermarket, a garda arrested him 20 minutes later without explanation. He alleged that the garda slammed him up against the patrol car aggressively and handcuffed him. He was also given tickets for breaches of pandemic restrictions. The Ombudsman deemed the complaint ‘vexatious’ .

A man complained that he was beaten with a baton by a garda who failed to identify himself. It was also alleged the man’s girlfriend was struck by the baton. The man was arrested on suspicion of assault and his girlfriend on suspicion of public order offences. After an investigation, Garda management agreed with the ombudsman’s assessment that the garda’s conduct constituted abuse of authority. His pay was docked and he was ‘placed on a refresher course on baton deployment’.