A RETIRED GARDA who was a sergeant at Waterford Garda Station in the late 1980s has said he “probably would have known” about any investigation into Bill Kenneally if one was carried out by his then-superiors.
The accountant and sports coach confessed to sexually abusing multiple boys during an interview with the acting chief superintendent Sean Cashman and Inspector PJ Hayes in December 1987.
Kenneally walked free following the interview and a number of his victims later asserted that no investigation had taken place into the acts he admitted to.
In the latest sitting of the commission of investigation examining the Waterford abuse scandal, McGarry, a sergeant-in-charge at the station who later served as chief superintendent for a number of policing divisions around the country, also outlined what he would have done if dealing with someone admitting a crime – as Kenneally did in 1987.
He told the inquiry that he would have taken a cautioned statement as the start of that process before launching a broader investigation and carrying out further investigations.
Previously, the commission heard that Cashman, now aged in his 80s, opted to let Kenneally go as long as he sought medical help. He has regularly insisted there was “no cover-up” in the case and cited a lack of victims willing to come forward as the reason the case wasn’t progressed.
The inquiry was previously told that, after one father had told Cashman his son could not be interviewed about the abuse suffered in 1987, the senior garda contacted Kenneally’s uncle, a former Fianna Fáil TD also named Billy Keneally, who died in 2009.
The politician arranged for Kenneally to go to the garda station where he then met Cashman and Hayes, the inquiry previously heard.
Speaking today, McGarry said he served as the sergeant-in-charge of Waterford Garda Station in a period ranging from 1986 to 1989.
He said this post saw him responsible for liaising with the station’s various different departments, with McGarry also required to often review evidence for cases before they were sent on to the Director of Public Prosecution’s office.
McGarry said he was not familiar with Bill Kenneally at the time and was not aware of the crucial meeting between the abuser and senior gardaí in December 1987.
“Normally people would come into the station and people might come into the station to speak to a member in confidence and that would be their prerogative,” he said.
Barra McGrory, barrister for Phoenix Law representing seven of the accountant’s victims, asked McGarry whether – in his role as the sergeant-in charge – he would know if there had been a complaint of “significant sexual assault” made at the level of inspector or superintendent and some subsequent investigation.
The retired garda said that, in such scenarios, a case conference would normally be held and the allegations would be investigated.
McGrory suggested to the former garda that the fact that he hadn’t been told about any probe would “suggest that no investigation took place” into the Kenneally case in the late 1980s.
Responding, McGarry said: “If there was an investigation in Waterford Station at the time I probably would have known about it.”
In further questioning by retired High Court judge Michael White, who is chairing the inquiry, McGarry was asked how best to approach and record an instance where someone admits to a crime.
He told the sitting that the a garda would “normally” take a statement under caution before then checking the veracity of the confession.
McGarry said he was unsure if there was a system within Garda training at the time specifying this approach.
Teenager in 1985
The inquiry returned to the case of a 14-year-old boy who, in 1985, is alleged to have entered Waterford Garda Station and told the guard manning the desk that he had been abused by Kenneally.
The commission heard that the boy had been sexually assaulted the day prior by Kenneally.
Barrister Ray Motherway, who is representing two survivors of Kenneally’s abuse, recounted that the youth was asked by the guard on the public desk what age he was. When he told him that he was 14, it’s alleged the guard said no further information could be taken from him and to return with an adult. The guard in question has never been identified despite attempts by the inquiry.
It’s been alleged to the inquiry that no further action was taken by gardaí to contact the boy or his family.
This particular incident pre-dated McGarry’s time as sergeant-in-charge but he was asked by Motherway to use his policing experience to assist the inquiry.
McGarry told the inquiry that as part of his duties, he had access to an ‘occurrence book’ and had to make sure that everything in the book had been actioned, such as following up with different members of the public who had made contact with the station.
“I would review the occurrence book to make sure all of those calls were answered and followed up,” he said.
McGarry outlined three options available for how to deal with a teenager entering the garda station.
These were documenting the interaction, referring it up the chain to a member of the detective branch or sending it to the sergeant-in-charge.
He added that it would have been “solely” members of lower Garda ranks manning the public desk in the station.
Asked should contact have been made with the parents of the boy, McGarry said there had always been “strict regulations” over bringing people, including children, in a patrol car.
Paul Carroll, counsel representing An Garda Síochána, put it to McGarry that he has “no knowledge of any child going into the garda station” as alleged. McGarry agreed.
Bill Kenneally had been expected to attend the sitting to give evidence but did not appear.
Mr Justice White said it was expected that he would appear at some stage in the next fortnight so that he could be cross-examined by representation for An Garda Síochána.
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