‘COWEN DID NOT U-TURN’ GSOC
Inquiry f inds former minister did not try to ‘evade or avoid’ gardaí at drink-driving checkpoint
FORMER minister Barry Cowen did not make a U-turn or attempt to evade a Garda checkpoint when he was stopped for drink-driving, a Garda Ombudsman inquiry has found.
Mr Cowen was sacked from the Cabinet by Taoiseach Micheál Martin in July 2020, just two weeks after his appointment as minister for agriculture, over the controversy.
Mr Martin had pressured the Laois-Offaly TD to answer Dáil questions over claims that he performed a ‘U-turn’ from a checkpoint.
However, the Fianna Fáil TD refused to do so because he wanted to await the outcome of the Garda Síochána Ombudsman Commission (GSOC) inquiry into the incident, during which Mr Cowen was stopped at a checkpoint and breathalysed on his way home after the 2016 All-Ireland football final.
The Irish Mail on Sunday has learned the report – now complete – found Mr Cowen did not drive away from the checkpoint.
Sources familiar with the GSOC inquiry said it found that Mr Cowen did not perform a ‘U-turn’ or seek to ‘evade or avoid’ gardaí at the checkpoint.
The report also recommends that the officer who disseminated Mr Cowen’s information on the Garda Pulse IT system should face disciplinary action.
Senior Fianna Fáil sources said this weekend that they believe the GSOC inquiry findings will now open the way for Mr Cowen to return to Government.
FORMER minister Barry Cowen did not make a U-turn or attempt to evade a Garda checkpoint when he was stopped for drink-driving, a Garda Ombudsman inquiry has found.
Taoiseach Micheál Martin fired Mr Cowen from Cabinet over the drink-driving controversy in July 2020, just over a fortnight after his appointment as minister for agriculture.
Although Mr Cowen had made an earlier statement about the incident, Mr Martin had pressed the LaoisOffaly TD to answer questions in the Dáil over claims he performed a ‘U-turn’ before a checkpoint.
The Fianna Fáil TD refused to do so because he wanted to await the outcome of the Garda Síochána Ombudsman Commission (GSOC) inquiry into the incident, in which Mr Cowen was stopped at a checkpoint and breathalysed on his way home to Co. Offaly from Dublin after the 2016 All-Ireland football final.
The Irish Mail on Sunday has learned that the report – which is now complete – has concluded that Mr Cowen did not drive away from the checkpoint.
Sources familiar with the GSOC inquiry said the report found that Mr Cowen did not perform a ‘U-turn’ or seek to ‘evade or avoid’ gardaí.
The report also recommends that the garda who disseminated Mr Cowen’s information on the Garda Pulse IT system should face disciplinary action.
Senior Fianna Fáil sources this weekend said that they believe the GSOC inquiry findings open the way for Mr Cowen to return to Government.
It comes just weeks after Mr Cowen’s party colleague Dara Calleary – who was briefly his successor as agriculture minister before he was forced to resign over the ‘golfgate’ controversy – made a political comeback when he was appointed to replace Robert Troy as junior enterprise minister.
GSOC investigators interviewed a garda and other individuals, including Mr Cowen, during the two-year inquiry.
Phone records of Garda stations and individuals, as well as CCTV footage, were analysed.
GSOC officers were asked to investigate two issues: whether or not a member or employee of An Garda Síochána leaked Mr Cowen’s private information, and whether or not the TD had attempted to evade or avoid the checkpoint.
The initial Garda Pulse entry – seen by the MoS – makes no mention
of a U-turn and does not use the words ‘evade’ or ‘avoid’ at any point.
The GSOC inquiry also concludes there is ‘not enough information’ for a criminal prosecution of a serving garda identified as the person who disseminated Mr Cowen’s information. However, the report recommends the garda should be ‘disciplined internally’.
GSOC launched its investigation on foot of a complaint by Mr Cowen in July 2020.
As part of the probe, investigators questioned gardaí and employees who had accessed Mr Cowen’s Pulse file. An electronic footprint is left if anyone accesses a person’s private information on the system. Investigators also obtained phone records and analysed CCTV footage of Garda stations.
GSOC also obtained a recording of a phone call from the garda who stopped Mr Cowen at the checkpoint.
According to documents seen by the MoS, Mr Cowen was taken to Leixlip Garda Station after he was breathalysed. As is the case in many Garda stations, the Leixlip station did not have a facility for inputting details of the incident on the Pulse system. Following standard procedure, the garda made a phone call to a central processing centre in Mayo, a recording of which was analysed by GSOC investigators.
According to sources, the exchange of facts in the conversation was somewhat vague, making it unclear what exactly had happened at the checkpoint.
There is no suggestion the garda in Leixlip was in any way involved in the dissemination of the material.
In March 2021, GSOC confirmed that its investigators searched a major Munster Garda station as part of the investigation into allegations that an officer leaked Mr Cowen’s information. The GSOC officers also seized a phone during the search.
Although criminal charges have not been recommended, the Ombudsman may refer the report to the Director of Public
Prosecutions (DPP), according to sources.
A spokesman for GSOC last night said the Ombudsman did not want to comment on the report into Mr Cowen’s case.
Technically, the report remains open. While the initial GSOC report has been concluded, it will be analysed by the GSOC deputy director before it is discussed by the Ombudsman in full.
Mr Cowen also declined to comment when contacted by the MoS.
Senior legal sources this weekend said they believe Mr Cowen has a potentially strong case against An Garda Síochána over the distribution of his information and that significant damages could be in the offing.
The inquiry was triggered on foot of a complaint by Mr Cowen that his private information had been leaked, damaging him politically.
On the day the leaks emerged, Garda Commissioner Drew Harris also said in a statement that there should be an investigation.
It had been known that Mr Cowen had failed a drink-driving test in 2016. Although the result was at the level that would have generally incurred penalty points, the fact that the politician was driving on a provisional licence at the time meant the incident was treated more seriously.
However, when details of the incident emerged in early July 2020, it initially appeared that Mr Cowen would survive the ensuing controversy.
On July 7, he made a statement to the Dáil in which he outlined the circumstances of his conviction. The following day, the recently appointed Taoiseach took no action. Mr Martin told the Dáil that his government was focused on ‘policy and substance’.
However, on the following Sunday claims were published that Mr Cowen had made a ‘U-turn’ at a Garda checkpoint, which the then minister denied.
Mr Martin subsequently asked Mr Cowen to return to the Dáil to answer questions from the opposition.
Mr Cowen insisted he was entitled to due process and that, as the GSOC investigation had already begun, it would be incorrect to discuss the matter in detail under Dáil privilege.
However, the Taoiseach sacked Mr Cowen during a telephone call while the then agriculture minister was sitting in his car in Kinnegad, Co. Westmeath, on the road between Dublin and Offaly.
Mr Martin indicated as recently as last week that the path may be open to Mr Cowen to return to office.
With Mr Cowen standing beside him at their first public appearance together since the Fianna Fáil TD’s sacking, Mr Martin responded when asked about a Cabinet comeback: ‘Obviously in the future [with] any such opportunities, every member of the parliamentary party will have that opportunity.’
At a press conference last February, Mr Martin said he was
‘Did not seek to evade or avoid gardaí’
‘Not enough information for a prosecution’
leaving the door open to both Mr Cowen and Mr Calleary.
‘For all politicians of that calibre, that seniority in political life, of course that is the case [that both men could return],’ Mr Martin said at the time.
‘The situation in a three-party
coalition government ,there are onlyso many positions for so many people right now.
‘No one wanted what happened tohavehappened.’
Mr Calleary, unlike Mr Cowen, hasstayed silent on the issue of MrMartin’s leadership since their joint
Cabinet downfall. But in an interviewwith theMo Slast March, Mr Cowenmade it clear that Mr Martin should not lead Fianna into the next general election. he is the only senior member of the party to have stated this publicly. Mr Cowen told this newspaper:
‘There will be no heave or pushagainst Micheál Martin . The transition to Fine Gael will be seamless .
‘ However , there is an expectationthat Micheál Martin will relinquish [ leadership] beforethe next electionbut , obviously , he can’ t commit to
that publicly . There’s a hope inFian na Fáil that it would bea blood less ,organised and agreed event transitioning to anew leader .’ Mr Cow en also said prospective challengers such as Dublin Bay South TD Jim O’ Callaghan had ‘ lost ground ’.
Now , with Mr Cowen’s name having been cleared of damagingallegations , many in Fianna Fáilbelieve the TD will play a centralrole in Mr Martin’s future and in thedirection of the party over the coming months .