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THE WORD “NONSENSE” appears in Mr Justice Peter Charleton’s report on the allegations made by Garda Keith Harrison four times over the course of the 97-page report.
The judge forensically examines the evidence brought before the tribunal related to claims made by Harrison. He alleged that gardaí conspired with child and family agency Tusla to directly interfere in his family life in Donegal, as a result of his whistleblowing activities some years previously in Athlone.
Having sought the aid of politicians, with Labour’s Alan Kelly and independent Mick Wallace among those who had publicly supported him, Harrison’s case was included in the terms of reference for the tribunal, alongside Maurice McCabe.
He met with Minister Katherine Zappone at the beginning of the year, and outlined his case to her in the strongest terms – yet almost all of those claims were dismissed by Mr Justice Peter Charleton in tonight’s interim report.
In a statement in February, Harrison said: “The treatment of Sergeant McCabe and myself bear similarities.” He goes on to say that the “striking similarities” show that this “formed part of an orchestrated system and culture within senior management of An Garda Síochana”.
Mr Justice Charleton, however, disagreed. After 19 days of evidence, given in public at Dublin Castle, he found that the allegations made by Harrison and his partner Marisa Simms “simply collapsed”.
Background
Harrison’s case was that he was mistreated by gardaí, bullied by colleagues and, crucially, that the gardaí colluded with Tusla by coercing a statement from his partner Marisa Simms and directing social workers to visit their family home in Letterkenny.
The pair had an argument at the end of September 2013. Both Simms and Harrison told the tribunal that angry words were exchanged, and that it resulted in Simms leaving the house with her children.
A week later, Simms visited Letterkenny Garda Station and gave a statement to two gardaí about the incident. In that statement, she claimed that Harrison threatened her and members of her family.
She would later retract that statement before Christmas of that year.
Gardaí insisted to the tribunal that they followed proper procedures in dealing with the original complaint made by Simms and that they referred the matter to Tusla because the children were present when this argument took place.
A Tusla social worker visited the family on one occasion in February 2014, and recommended that no further action be taken. Harrison would describe this as “the ultimate invasion” into their family lives.
At the tribunal, however, both Harrison and Simms rolled back on their original claims that the social worker told them that she was directed to visit them after pressure from gardaí.
‘Nonsense’
The judge goes through Harrison’s and Simms’ claims very thoroughly.
In a number of instances, he is sharply critical of Harrison’s testimony in particular. He said that there were a number of instances where Harrison was involved in “tailoring his evidence to what suits his purpose at the time”.
One such instance is Harrison’s account of his relationship with Sergeant David Durkin.
Harrison said that a serious level of malice had built up towards him at Donegal Garda Station. Justice Charleton said that “he ascribes this to the oversight of Sergeant Durkin, saying that he would treat other gardaí differently to him and that ‘as the months went on there was always a hostile reception’ where he was discriminated against by not being offered overtime”.
The tribunal is satisfied that this is nonsense…. He [Durkin] was put in the unfortunate position of having Garda Keith Harrison under his command. He did absolutely nothing wrong and all of the allegations of Garda Keith Harrison are rejected.
‘Not reliable’
On the claims that Simms was coerced into giving her garda statement in October 2013, the judge was similarly dismissive.
He said that Inspector Goretti Sheridan and Sergeant Brigid McGowan, who took the statement from Simms, were accused of “distorting her words or putting words into her mouth, or changing her literal words with a view to making Garda Keith Harrison seem bad, or worse than he was”.
All of this was done, so they assert, for the purpose of undermining their family life. This is nonsense.
Instead, the judge said that the truth of the matter is borne out by text messages sent by Simms herself. He said that Simms “made a lengthy and frank statement of complaint about Garda Keith Harrison”.
“There is a regrettable tendency to exaggerate in her evidence,” he said. “Her evidence was not inherently reliable.
The allegations against two diligent garda officers by Marisa Simms are exploded by the relevant text communications between her and Garda Keith Harrison in the aftermath of his conduct on 28 September 2013. These make shocking reading.
Mr Justice Charleton said that, at this point, it was better to let the texts do the talking for him.
A week before she made the statement to the officers, Simms told Harrison by text: “U r so full of shit, u make me sick.. Love! U don’t know the meaning of the word… U have threatened me for the last time.”
Looking at the actions of the gardaí in investigating Simms’ complaint, the judge found that “there is no such evidence” that the garda authorities “acted maliciously”.
“They [the gardaí] did not create this situation,” he said. “The responsibility for that is clear.”
Death threats
Another aspect of Harrison’s testimony is that he felt intimidated by gardaí who would frequently pass by his home.
He outlined two separate occasions where an anonymous person rang into the local garda communications centre to say that they had overheard a plan to murder him.
Mr Justice Charleton said: “One of the allegations made by Garda Harrison during the hearing was that this was not taken seriously enough, though curiously in his statement to the tribunal he complains of garda activity near his residence.
This was designed to protect him. He regards it apparently as some form of harassment or intimidation. This is nonsense. The reality is that threats were reported.
“Because of the vulnerability of gardaí in the community, the threats were taken seriously and action was taken. The matter continued over several months to be discussed at high level. Garda Keith Harrison was put on indoor duties. He was less vulnerable in that position.”
‘Unfounded allegations’
Towards the end of the report, Mr Justice Charleton said that “despite the amount of time taken by Garda Keith Harrison at the tribunal hearings in pursuing these unfounded allegations, they can be dealt with concisely”.
“Firstly, it was right to treat the allegations of Marisa Simms seriously,” he said. “The plain reality is that serious action needed to be taken, and quickly.”
Secondly, it was appropriate to refer the allegations to the HSE… The relevant social workers had no doubt that these allegations were properly referred by the gardaí.
“Thirdly, the referral to the Garda Síochana Ombudsman Commission was not done in bad faith… This was not a case where serious risk of death had occurred through injury to Marisa Simms. That, however, does not mean that the referral was in bad faith or was done for the purpose of abusing power against Garda Keith Harrison.
To any objective person, the statement of Marisa Simms makes grim reading. She complains of a litany of abuse over some two years. It is possible for a reasonable person reading that statement to conclude that she must have been substantially harmed.
The judge’s language is even stronger on the question of whether there should have been a criminal investigation into Simms’ original allegations. It was decided at the time that there should not be.
Harrison had complained that there was a “malicious investigation to cause further upset to his family” – but the judge ruled that it was a legitimate matter for Garda watchdog body GSOC to investigate.
Harrison was not informed of the investigation because, at the time it was being done, he had entered into the confidential recipient process – the whistleblowing process whereby a garda can report corruption or malpractice within An Garda Síochána.
A senior garda told the tribunal that to have contacted Harrison at this stage may have “been seen as a form of harassment” or may have been seen as an effort to “hinder him or prevent him from engaging with the process”.
Charleton said:
It is an extraordinary irony that in consequence of kindness shown to Garda Keith Harrison and as a result of a conscious decision to enable him to make whatever complaints he wished to make that holding off on interviewing him is now to be blamed on the organisation which treated him humanely. This allegation is rejected.
‘Not the same’
As well as being very critical of both Harrison and Simms in his conclusions, the judge also had some tough words for Harrison in his recommendations at the end.
“Imposing and maintaining proper discipline is not the same as bullying or harassment,” he said.
An astonishing aspect of this section of the tribunal’s work has been the extent to which it has been regarded as tolerable by Garda Keith Harrison that he should be entitled to complain about his superior officers taking the view that… he should not be transferred to Letterkenny just because he wanted it for his own convenience… it was inappropriate to use the garda Pulse system to check up on an ex-girlfriend… when he fails to adhere to discipline, his commanding officers should be entitled to speak to him, remonstrate with him in strong terms and offer him advice.
He cited the example of when one of Harrison’s superiors found out that Simms and Harrison were in a relationship while he was stationed in Buncrana in 2011, and that he he had not informed them about it.
This would have been of great importance to colleagues there because Simms’ brother had been found guilty of the manslaughter of a garda who’d been stationed there in the recent past.
“Chief Superintendent Sheridan would have been perfectly entitled to have called him ‘underhanded’ and ‘deceitful’,” the judge said.
Instead, apparently, even in such serious issues as this, senior officers are expected to feel for the sensitivities of those who infringe discipline rather than thinking about the duty that the police forces owes to the country.
Looking to the future
Keith Harrison had insisted his case bore striking similarities to McCabe, but it is apparent that Mr Justice Peter Charleton thinks otherwise, having chosen to publish a report on Harrison’s case separately, before hearing the full witness accounts in relation to McCabe’s case.
The tribunal was set up in February of this year to investigate claims that members of the gardaí sought to discredit Sergeant Maurice McCabe because of complaints he made about members of the force.
“This is an entirely different matter,” the judge said at the close of his interim report.
There is no fact found in this part of the enquiry that has any impact on those matters that are listed in the terms of reference as raising public disquiet as to his [McCabe's] treatment.
The judge said that the tribunal would resume in January, starting with an examination of the O’Higgins Commission controversy (which almost brought down the government this week).
Alongside that, it will hear about a protected disclosure made by former garda press officer Superintendent David Taylor, who alleges that he was directed by former Commissioner Martin Callinan to smear McCabe in the press.
The tribunal will then wrap up by Easter 2018, the judge said.
“The tribunal again feels it necessary to earnestly ask for the help and cooperation of all those who can assist in getting to the truth behind all these matters of serious public disquiet,” he added.
Pending some sort of legal challenge by his solicitors, that’s the last time the tribunal will look at the case of Garda Keith Harrison.
‘Without validity’
Unequivocally, confidently, and often brutally, Mr Justice Charleton has dismissed the claims made by Garda Keith Harrison.
“All of the allegations… are entirely without validity,” he said.
With Martin Callinan, Nóirín O’Sullivan, Frances Fitzgerald and David Taylor set to give evidence to the Tribunal in the near future, the judge has set the tone with this report for how he will deal with claims set before him.
The government mantra over the last few weeks has been to let the tribunal get on with its work. After decisively dismissing Harrison’s claims, it will now do just that, starting 8 January 2018.
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What has stopped Murphy from clarifying his comments? It’s disgraceful. Fair play to Breege Quinn. You don’t ignore an Irish mother defending her child.
@Ronan Mc Namara: Don’t believe everything you read in the papers., You can’t call someone a “Mass Murderer” just because a hack in the Indo says he is..
@Sim0n: SF is a cult. No dissent tolerated. Never admit guilt. Spin.
Always whataboutry. Well we murdered Gardai but what about the RUC.
What a brave, strong woman she is, compared to the gang of cowards who broke almost every bone in her sons body and then intimidated the locals into silence.
@Justice Mickey: I turned 60 yesterday. YFG? Ha ha!
All I did was pay tribute to a brave woman, if that offends you as an SF supporter, you’re the one with the problem.
Let’s see how the bots play this down
The media is doing its best to attack Sinn Fein is getting very boring now ,I feel sorry for these people no one should have to go through this .
Sinn Fein has nothing to do with these crimes as they were committed by criminals.
@Punters Pal: dream on.
@Punters Pal: Sinn Féin supporters claimed that Breege Quinn was being used and that all of this furore would die down after the election. Well it hasn’t. Because you still have a mother looking for justice for her son 13 years later.
@Punters Pal: “Sinn Fein has nothing to do with these crimes as they were committed by criminals” Righhht .Didn’t stop them supporting and visiting the killers of Garda Jerry McCabe though did it.
@Punters Pal:
It’s the YFG armchair warriors, they don’t qualify as real people at all.
@M: Varadka and Martin very quiet about this young man’s murder since the election. They couldn’t say enough about it in the run up to the election. Deepest sympathies to Paul’s family,
@Donal Desmond: I think it was RTE reporters that raised it during the election and when Mary Lou directly contradicted herself in 2 different interviews, it got even more attention. This is all of SFs own making, all they had to do was tell Murphy to apologise properly to the lads mother, which for some reason they refused to do and Murphy still refuses to withdraw his remark.
@M: No. It’s because you still have the very real possibility of another election.
@Connoroconner: Apologise and give the names of those involved to authorities.
Can’t believe we’ve voted in SF in such large numbers, just because of a bunch of Brexit /Trump style nonsense promises.
This is the real SF.
It’s time to start bringing to light what they’re like.
@Rollander: It’s instances like this over the years that have formed my opinion of Sinn Féin. Murphy only needs to say Paul Quinn was not a criminal but won’t. I genuinely can’t understand why. It’s baffling.
SF/IRA justice is legendary. Conor Murphy is a big fan of this.
@Sim0n: In an effort to understand what this is all about I quickly researched the background to this issue, I assume Mr. Murphy cannot for the same reason An Garda Síochána cannot, and perhaps the same reason the PSNI will not. Perhaps it is because of the position of the Irish Government at the time (but through political barging changed their position – although I wonder about this – as I did not find any official retraction by the then Irish Foreign Minister Dermot Ahern) is the same as that of the Stormont Finance Minister Murphy?? Could that be? But i do sincerely hope that the parents to that young man Paul Quinn who was murdered find justice and peace. All parents love their children
@Sim0n: And he needs to give the names of the perpetrators to the authorities.
Disgusting comment meant to deflect from connections between the perpetrators and Sinn Fein supporters. However the sensationalist headline of “13 years of hell” and the fact that this family are only getting attention because of the election is also disgusting. Nobody, Sinn Fein or otherwise, cared about you for 13 years.
@Dan: the “13 years of hell” in the headline is just paraphrasing what his mother said herself. If she claims to have been through 13 years of hell is it really sensationalist to headline the story with that claim?
@Dan: That’s not true at all. The press has been reporting on this horrific incident for years. What made it different this time is that Sinn Féin finally responded to her pleas to clear her sons name. She has thanked the media for helping her over the years. The headline isn’t sensationalist because you don’t get to decide what a mother experienced for 13 years.
@Sim0n: If you weren’t endlessly trolling every story with “SF hyperpopulism” people might actually listen to the odd good point you may have. But hey, got to get them stranger-likes.
It what was wrong and hurtful from certain commenters on this site to suggest two grieving parents were only speaking to the media as a political stunt before an election when this story featured two weeks ago. I wonder what they have to say about it now?
@Rochelle: I expect the SF press core will come up with a new/line pivot for their supporters soon enough.
When/if there’s another election to build up to.
David Cullinane said last week to Matt Cooper and Ivan Yates, after his drunken rant in Waterford, that the IRA had been gone for a cpl of decades and yet Conor Murphy said he met IRA after the Quinn murder to clarify whether or not they were involved. Something doesn’t add up there.
@Neil McAuley: I pointed that out the other day and was met with a wall of silence. Just like your question has been. Truth hurts.
But didn’t the fauna fail minister and gardi and psni say very same and Notting about them saying it or no one asking them for an apology
Mmm very suspicious why SF been singled out
@James Dooley: You mean Bertie Ahern who apologised and clarified his statement on the Dáil record 3 weeks after he made those comments? He hasn’t been cornered 13 years later without a discernible reason for not clarifying his comments.
@James Dooley: yes he apologised and clarified soon after making them,
@James Dooley: the ignorance of some SF supporters posting on here is staggering, it really is. It’s been stated dozens of times that Bertie withdrew his remark, on the record, in the Dáil. Why is it suspicious that SF have been singled out, when they are the only ones who wouldn’t engage with the boys mother and wouldn’t withdraw the allegations for thirteen years?
There is definitely another election comming so ,not one dam do ffg Rte independent newspapers care for Breege quinn only to use her to make political gains , you wount see them talking to Aidan mcinespies family who was shot in the back by british army walking to a Gaa match
@Tom o brien: try using some full stops.
@Tom o brien: the McAnespie family were on an RTE show not so long ago, it could have been Miriam O Callaghans radio show. There is a trial this month of the soldier accused of shooting him. How do I know? Because it’s on the RTE website.
At any rate his murderer or the British army are not seeking to get into government here, are they?
The Boyle family in Donegal have been put through torture for years but its FF that has the answers about this child’s murder, where is the outcry from the media
@William Bryan: Exactly they go on about SF but what about all the murder that FG/FF have covered up.
North cops very quiet on this
Great that we hold up the running of a country because of one family
@JusticeForJoe: That’s not what’s happening at all.
The country is being run by a caretaker gov. You know, because of our constitution.
Next, SF can’t form a government because they don’t have the seats, again because of our parliamentary rules and constitution.
Finally the Quinn family’s trauma is totally irrelevant to all of this, besides the fact that SF’s murky relationship to it turns off voters.
@Rollander: Who or what IS the Quinn family’s trauma relevant to, apart from the Quinn family?
@JusticeForJoe: Ah come on Joe, that’s like saying the cervical check victims trauma is only relevant to themselves. If/when SF get into government they will have to deal with scandals of the past and present and they seem either ill equipped or inexperienced enough to do that. Enda Fanning of the SF Ard Chomhairle Twitter attack on Joe Duffy and Liveline last week was atypical of this and akin to seeking a ministry of truth. They are going to have to get used to being made answerable.
@Paddy J: The cervical scandal affected a lot more than one family. They are not the same thing at all. This is shamelessly false virtue signalling and it only ever happens at election time.
No more than every gossip-mongering celebrity-chaser putting ‘Be Kind’ on their Facebook profiles now that they’ve hounded one to her death. This is the same false crap and so many just lap it up.
I have no time for it.
@JusticeForJoe: But Joe the number of families has nothing to do with it, whether it be 1 family or 100. The Quinn family’s trauma is as relevant as any other family’s trauma. Even SF won’t deny they put Breege Quinn and her family through 13 years of hell.
@Paddy J: Exactly, Paddy! As relevant as any other family’s.
Who’s reporting on my family’s trauma? Or yours?
What about justice for Mary Boyle? FG/FF covered up her murder yet their followers never mention that fact. The people want justice for her now.
Suit the journal.ie to get out on the streets and visit our hospitals and interview the banks as to why they don’t pay tax investigation in to how and why fg/ff got voted for the real issue of the day why are we not seeing simon harris 17 women has died on his watch and fg don’t care why aren’t you reporting this journal.ie???
SF thugs.
Whoever did this despicable horror to this poor young man should be brought to justice, that goes without saying. It is odd though that Bertie Ahern said at the time:
Ahern had previously told the Dáil that the murder of Paul Quinn had been linked to “feuds about criminality”.
He then seemed to backtrack
https://www.thejournal.ie/paul-quinn-sinn-fein-conor-murphy-4994057-Feb2020/
A lot doesn’t add up about this case, and his family have every right to get to the truth of it.
However, I believe it’s cynical of the media and FG and FF to use it as a weapon consistently in order to smear Sinn Fein. This is seriously unethical and does a disservice to the case itself, and to the family.
Fiann Fail and Fine Gael have a dark history too, some of it very recent, the bank bail out of 2009 more or less sold Ireland and the future of its citizens to international bankers, and the IMF, a whole population of 5 million sold on the international markets because of corruption. Many suicides can be attributed to the rule of Fianna Fail and Fine Gael. The social impact of their political dominance on Irish society has been catastrophic and immeasurable. Let’s never forget that either.
Almost 500 additional suicides linked to recession
Unemployment, depression and substance abuse key risks during downturn, study finds
@Gombeen Island: Who runs the fuel smuggling operations in South Armagh? It’s not an Enigma. It’s not FG/FF.
@Ronan Mc Namara: I don’t have a clue who does that as I am not a criminal. All I see are assertions about Sinn Fein, no proof- just mudslinging, and guilt-by historical associations-smears. There is a clear agenda to keep a Left Wing party out of power, and I doubt very much if FG or FF (or the elites that they represent) give a damn about the IRA, or Sinn Fein’s history, or this tragic case. They just don’t wanr left-wing ideals to take hold as that threatens their profits before people paradigm. I doubt if Leo Varadkar or Micheal Martin, or any FG or FF politicians give a damn about the ordinary people of Ireland or their concerns, Sinn Fein have said that they do, and people believe them, that’s why they voted for them, and also because they are sick to death of being treated like roadkill by the establishment parties of FG and FF. The ordinary person in Ireland means zilch to the FG and FF duopoly, they are parties of the 1%, the rich, the middle and upper classes (although the Greens and Soc Dems will hopefully eventually steal many votes away from middle class FG and FF voters eventually). FG and FF have had 100 years in power, they’ve left a very negative, and stressful society to live in where people are pushed to the pin of their collar, some pushed to the edge over suicide. This is a bad society, it needs to CHANGE.
@Gombeen Island: Lol you don’t have a clue about fuel smuggling operations in South Armagh! Jesus wept! The dogs on the street know. I am sure Sinn Fein do give a damn about the IRA.
@Ronan Mc Namara: Why would I know about that? seems you know about it, so go and report it..
Of course Sinn Fein give a damn, I said FG and FF don’t. Everything FF and FG do is about power, that’s all, power- and holing on to it… that’s all they care about, everything else is merely point scoring to them…
The journal.ie doing fg/ff dirty work why even bring this back can you not see what’s ahead fg/ff going to pull this country under and your not reporting it.
@Calo J Callaghan: It was on BBC news. No your right the Irish news media should not cover this story.
Fg/ff what they have done to the homeless in this country get on them street and interview them people ask them if they want fg/ff in power.
@Calo J Callaghan: you might have missed it, but the article was about Conor Murphy’s treatment of the Quinn family.
Once SF are not longer a threat the the establishment this story will be dropped like a hit potato… there usefulness will no longer be required
@great gael of Eire: This story should have been resolved 13 years ago. Murphy can clarify his comments publicly and its done. Leave the rest to the police.
No but it’s ok for the RA to smuggle. Let’s have a border poll that will fix the Country!
And to think they basically won the election in the Republic! Baffling…
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