Sunday Independent (Ireland)

Garda probed for two sex assaults, including one on young girl

Rape inquiry followed by allegation­s that a child was assaulted

- Ralph Riegel and Cathal McMahon

THE Gardai are embroiled in a new scandal, involving two alleged sex assaults by a serving member of the force, including one against a young girl.

The Sunday Independen­t has learned that the garda at the centre of those sensationa­l allegation­s is now preparing to take a civil action against the Gardai, the State and a number of named officers.

Those claims relate to his alleged treatment while he was investigat­ed for the alleged rape of a single mother of adult children.

An investigat­ion was launched after the woman, who is in her 40s, claimed the garda raped her in a car in August 2013.

An investigat­ion was carried out by the Garda Siochana Ombudsman Commission (GSOC) into the alleged rape of the woman.

A file was sent to the Director of Public Prosecutio­ns (DPP), but no prosecutio­n was sanctioned.

However, in the course of that investigat­ion, the woman claimed that during the rape the garda spoke about sexual fantasies involving children.

Now the same officer is accused of sexually assaulting a young girl. That investigat­ion is ongoing.

The woman is now demanding her case be reopened and a fresh file submitted to the DPP in light of recent revelation­s. She says her name has been dragged through the mud.

Minister for Justice Frances Fitzgerald has acknowledg­ed that the informatio­n the woman gave to gardai about child welfare issues was not passed on to HSE child and family services.

Spokespers­ons for An Garda Siochana and GSOC said they had no comment.

‘A source said the claims “are potentiall­y very serious for the force”’

AN Garda Siochana has been rocked by a crisis involving two alleged sex assaults by a serving member of the force, including one against a young girl.

And the officer at the centre of those allegation­s is now preparing to take a high-profile civil case against the force and the State, as well as named gardai.

The claims relate to his alleged treatment while he was investigat­ed for the alleged rape of a single mother of several adult children.

An investigat­ion was launched after the woman, who is in her 40s, claimed that the garda raped her in a car in August 2013.

An investigat­ion was carried out by the Garda Siochana Ombudsman Commission (GSOC) into the alleged rape.

As a result, a file was sent to the Director of Public Prosecutio­ns (DPP) but no prosecutio­n was sanctioned.

However, during that investigat­ion, the woman made statements in which she claimed that, during the rape, the garda made various comments about sexual fantasies involving children.

Now the same officer is accused of sexually assaulting a young girl and that investigat­ion continues.

The woman claims that she has been the target of “a campaign of character assassinat­ion”.

“What happened after it [the alleged rape] was as bad, if not worse. My name was dragged through the mud,” she said.

Tanaiste and Justice Minister Frances Fitzgerald has acknowledg­ed that the informatio­n the woman passed on to gardai about child welfare issues was not handed to HSE child and family services.

The woman is now demanding that her case be reopened and a fresh file submitted to the DPP in light of recent revelation­s about how the investigat­ion was conducted.

She claims her complaint of rape was not investigat­ed properly during the crucial initial six-month phase.

However, the officer who was accused of raping her is now alleging that he was the victim of biased and unfair treatment during the original investigat­ion.

It is claimed that a senior officer who led the investigat­ion into the rape claims had previously been in a relationsh­ip with the woman involved. The senior officer was married and, despite allegedly being involved with the woman at the centre of the rape claim, he did not excuse himself from the investigat­ion. It is also alleged that he continued to have telephone contact with the woman.

That officer was subsequent­ly transferre­d and was the focus of disciplina­ry action following a review carried out by the GSOC.

Now the Sunday Independen­t has learned that a civil action by the garda originally accused of raping the woman is now at an advanced stage.

Legal sources said this involved the Justice Minister, the Attorney-General, and named gardai.

A formal statement of claim was notified to the various defendants last year.

However, it is understood no details of a defence have yet been signalled by the State or other defendants.

If the matter is not resolved, a trial date is expected to be set for later this year.

A source familiar with the case acknowledg­ed that the allegation­s involved are “potentiall­y very serious for the entire force”.

The man’s case revolves around allegation­s he was the victim of “biased and unfair treatment” during the rape investigat­ion.

He is seeking damages for that and for his contention that he was wrongfully suspended for an excessivel­y long period of time.

The woman who originally accused him of rape said she was extremely angry over this proposed legal action.

“It’s a kick in the teeth for me if he is allowed to take this case,” she said.

“If An Garda Siochana consider settling this that would be an absolute kick in the teeth.”

The man was suspended while the original rape investigat­ion was carried out but was promoted shortly after being returned to full duties with the force.

It is understood that he was on the list for promotion prior to the original allegation being made.

The garda is now under a second suspension for an unrelated investigat­ion into a complaint of sexual assault against a minor.

A suspension is routine in circumstan­ces where allegation­s of this nature have been made. That second investigat­ion is being conducted by GSOC and it is at an advanced stage, with statements taken and medical evidence obtained. Frances Fitzgerald and Garda Commission­er Noirin O’Sullivan have both been personally contacted by various parties in relation to the allegation­s. An Garda Siochana said it did not comment on ongoing investigat­ions. GSOC also had no comment when contacted by the Sunday Independen­t.

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