Gardaí can get own lawyers amid concerns on liaison unit
TOP gardaí will be able to hire their own lawyers to crossexamine their senior Garda colleagues, following a major change of policy in the wake of the series of controversies that has engulfed the force.
The decision to allow officers engage separate legal teams for tribunals and court cases, comes after some officers expressed deep concerns about an internal unit in headquarters that liaises with the latest whistleblower probe.
This unit effectively screens all documents and evidence from gardaí before deciding whether it should be passed to the Charleton Disclosures Inquiry. The unit was set up by former commissioner Nóirín O’Sullivan.
Some gardaí, including whistleblowers Superintendent Dave Taylor and Sergeant Maurice McCabe, are concerned that they would be expected to deal with this unit.
Sergeant Sinéad Greene, who previously worked with Ms O’Sullivan’s husband Chief Superintendent Jim McGowan, works with this liaison unit.
Mr McGowan was also in charge of the investigation and arrest of Supt Taylor over his contacts with journalists.
The DPP decided that Supt Taylor should face no charges, and his claims are now central to the tribunal.
It is understood that one of the whistleblowers wrote to former Justice Minister Frances Fitzgerald earlier this year expressing his concerns about the unit. And the head of human resources, John Barrett, has also raised concerns. His dogged pursuit of the financial issues at Templemore Garda college led, in large part, to Ms O’Sullivan’s departure.
He previously expressed concern about the access former commissioners O’Sullivan and Martin Callinan have to this liaison unit.
The latest decision is seen as a significant development within the force, as Garda management will no longer pursue a unified legal defence.
A member of the force’s Senior Leadership Team told the Mail: ‘Look at Enron, the corporate scandal. At first the executives entered that unified, but as the scandals emerged they wanted to get away from those who had been found to have involved themselves in scandalous behaviour.
‘We just want to protect ourselves against what might emerge.’
The MoS can also reveal that the head of this unit, Assistant Commissioner Eugene Corcoran, told his superiors he will retire next February. This has been a surprise to the force.
Last June, members of the Senior Leadership Team met at the Grand Hotel in Malahide, Co. Dublin, for a team-building exercise. The team comprises the commissioner, deputy commissioners, assistant commissioners and civilian executives. One member raised concerns about the amount of information they were receiving from the commissioner’s office and the Department of Justice about the controversies engulfing the force.
One of those present said: ‘A member said it would be helpful if senior management could obtain their own legal representation at tribunals, inquiries and other forums. It would also be helpful if they could obtain independent legal advice on other aspects.’
In the past senior gardaí have been represented by the Chief State Solicitor’s office but it is understood at least one team member no longer believes they should always be represented by the same legal team.
‘We just want to protect ourselves ’