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GARDAÍ INVOLVED IN the arrest of Clare Daly over two years ago have failed to cooperate with the Garda Ombudsman (GSOC) investigation into the matter, the Dáil has heard.
The TD was pulled over by gardaí for a wrong turn and arrested after a breathaliser failed to register a reading on 28 January 2013.
Details of the arrest were subsequently leaked to the media. The independent TD was later cleared, with tests showing she was 33 per cent below the allowable limit.
She has since lodged complaints with the Garda Ombudsman Commission (GSOC) and the Data Protection Commissioner regarding the leak.
Speaking in the Dáil today, her fellow independent TD, Mick Wallace, said that Daly’s solicitor had received a letter from GSOC stating that gardaí “directly involved” in the arrest have declined to voluntarily provide accounts or cooperate with the investigation.
According to Wallace, the letter states that GSOC authorities are now examining the use of powers of compellability in an attempt to progress the investigation.
Wallace said the letter also states that GSOC has been unable to secure a meeting with the district officer involved in the case with letters and phone calls going unanswered.
It has also experienced delays from the garda authorities in responding to general documentation request.
The Wexford deputy went onto state that the letter also claims that GSOC has learned that gardaí appointed a superintendent to conduct an internal investigation. The Ombudsman claims it has been unable to access the name of this superintendent or the level of inquiry he or she has conducted.
“This has the potential to impact adversely on GSOC investigation,” the letter states, according to Wallace.
The letter concludes that further representations are being made to senior gardaí in attempt to progress the matter.
In 2013, Alan Shatter, then justice minister, told the Dáil that an “unexpected number” of gardaí accessed the PULSE computer system in relation to the arrest of Daly.
Shatter said he has “had concerns for some time about sensitive and confidential information finding its way into the public domain” and said that an “unexpected number of members of the garda force” accessed the PULSE computer system in relation to the Daly arrest.
Wallace described the delay in the GSOC investigation as “an unsatisfactory situation”.
Responding in the Dáil, Taoiseach Enda Kenny asked that Wallace furnish him with the GSOC letter and he would communicate it to the Minister for Justice “immediately”.
He added he was “quite sure” the Garda Commissioner would want to see the matter concluded.
“I would agree that it would be a far better if this particular situation was cleared up once and for all,” Kenny said.
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The garda by not being forthcoming are now themselves perverting the course of justice. If it was you or me I’m sure things would be different.
No it would nt be different. The public in general have the right to silence the gardai don’t. I would say it puts the gardai in a disadvantage. They an be forced to account and you ll find they will be
Clearly they are not bound by law to humour that poor excuse for a td’s complaint. They’ve not broken a law by refusing. Fair play to them. Gsoc don’t see enough in the complaint to use powers. Move on
The garda code of conduct makes for fine reading, but in reality is just waffle. They are a law onto themselves and more and more examples of corruption are coming to light dispute attempts to gag them. I’m sure this is just the tip of the iceberg.
bent as boomerangs
At least the gardai have a code of conduct. As far as I can see tds can do and say as they want without and code to contradict or disipline them . Wallace and daly are absolute examples of this abuse. Pity there is no ombudsman we can complain to when we feel the need
What’s the point in having a code of conduct if it’s not followed. The guards have to remember that people have died in order to give them the chance to wear the badge of a garda and it comes with a higher level of responsibility than other professions.they tarnish and cheapen it by not ensuring transparency with investigations.
Who says it’s not followed. If they don’t follow it they can be displined and fined wage be it by ombudsman, garda management, or whatever other method they come up with next. what fine can you put on clare daly when she tells complete lies under Dail privilage. None. Sounds fair?
But Cupid my sweat…it’s not you or me. It’s that old political policing of the upper echelons and elite of this country coming down, once again , on any Govt opposition, be it Independent TDs, Water protesters, Sinn Fein or anyone who dares cross them..you get the wrath. Democracy or no Democracy, Rule of Law or no Rule of law
Phuck this country for it’s hypocrisy lies and Govt subterfuge , straight from the cabinet table directly to the Garda commissioners desk , then covered up by closed doors..this is Enda Kennys’ Ireland of 2015 folks, bare faced and naked, in all it’s glory…and they have a cheek to point the finger at Sinn Feinn
I say it’s not followed, there’s plenty of evidence to back that up too, available for anyone to see thanks to brave citizens who document it and publish it online. If you are seriously telling me that the garda code of conduct is followed I think you have your head in the sand.
Not one time have you acknowledged that fact that tds have no displinary action take on them . All you are interested in is bashing the gardai. You clearly have an agenda. The gardai are displined every day of the week for various breaches of the garda code. Rightly so. You will not see it published in any paper or recorded for publc scrutiny but it happens. Tell me ta last time you saw any sanction with teeth taken against a td. Claire daly and Wallace know this and that is why they feel free to say and do whatever they like. It’s the real problem and idiots like you mop it up and swallow without question. Sad really
its not about bashing the gardai they do that themselves, its about upholding the law no matter who you are or where you work, no agenda just level playing field please
The article clearly states that the Gardaí have decided not to voluntarily provide reports on the matter. That is their right, as it is the constitutional right of every citizen. Mr. Wallace doesn’t seem to think Gardaí are entitled to fundamental rights the same as other citizens.
If there is evidence there, it’s up to GSOC to find it.
“You are not obliged to say anything unless you wish to do so but anything you say may be taken down in writing and may be used in evidence”
http://www.citizensinformation.ie/en/justice/arrests/right_to_silence_in_criminal_cases.html
should have added if a garda refuses to co operate with gsoc he/she should face disciplinary action like every other work place. I await enda setting up another commission which will take 2+ years to investigate, speaking of which where have the commissions for investigation into callinans departure gone fennelly report finalised yet?
john if there is no crime on gardai side why no co operation? simple questions should have simple answers
I don’t think it’s saying they are refusing to co-operate with GSOC. They are not voluntarily providing reports, which suggests to me that there is an option to do so. Nobody, not even a criminal, can be compelled to say anything. That’s a constitutional right. But obviously they have a choice in this and so GSOC will have to take another route if it is open to them by law. Can’t blame them for operating within the parameters of the rules.
Incorrect. What is being alleged is a crime. Therefore it must be investigated as such and so the basic and fundamental constitutional right to protect against self incrimination must be adhered to. It’s the most basic court rule and applies to all citizens.
You head out and commit a crime tonight and get arrested. Your solicitor comes and his/her first advice quite correctly to you will be, shut up, say no comment. The obligation is on the prosecutor to prove your guilt if such guilt exists. It’s the most basic rule of court.
fine no crime by garda, why do they take the course of preventing instead of providing if its all above board and fyi that is what they are paid to do
.
if so they are no different to prisoners who stare at walls and answer no comment to every question
Something is rotton in the State of Ireland. What faith can we have in the system if even the Garda Ombudsman is being ignored and blocked in his investigation!
That’s if The Happy couple Daly and Wallace are telling the truth, I’d like to see the letter they are referring to first, I’d say Enda is on to them, full spoofers the pair of them, I’d wait and see on this one George.
Gerry for the day that’s in it… “down with that sort of thing”!!!! Go away with ur common sense!!
She didn’t fail the breath test.
Fairly sure she set up that whole operation herself by failing the alcometer test on the roadside… After which she had actually taken the illegal left hand turn.. but oh know.. “it was a set up”!!! You couldn’t write this sh*t
Then sack them they wont be long cooperating then.Corruption is rife in ireland.
“I’d say Enda is on to them”, gerry campbell, are you serious?
@ Dave Murray She did fail breath test, she then provided a blood sample at a station which came back showing the presence of alcohol but under the legal limit
She didn’t fail it, the roadside test failed to register so you’re detained and brought to the station to provide a sample there
Sirens like Daly would like us believe that corruption is rife. I look forward to the day that one of these left wing losers have something positive to say or even put forward a constructive workable policy.
Wait till whenever this letter is produced, do you take Ms Dalys word what’s in it, because that’s all you have so far. Watch now and see does it ever surface.
Paul … Fine Gael are in power with Left wing loosers who are obliged not to introduce water charges ! Labour they be called !
Yes Hermes I agree, but as long as they implement FG policies, I don’t care.
Always party politics and party loyalty before decency, principle and integrity.
Politics, with a few honourable excretions, is the art of misspelling to the public.
Common sense isn’t imho
there will come a time when you do Paul – good luck with that !
Meanwhile Kevin Cardiff a serious head in the department of finance languishes in Europe on a 6 figure salary and Chopra reading the riot act to all concerned with the bailout !
@gerry campbell: id say youre just delighted with the carry on of the guards and fine gael lately.
if one hasn’t been arrested for a criminal offence then I think that they should be allowed to see what is written about them on Pulse – if anything ….see what our wonderful force are really up to !
How do you propose such a measure is carried out?
Where does it mention that she can’t find out what’s on pulse about her?…. she makes the appropriate request like the rest of us.
can you make a request to see the data about yourself on Pulse – go into the Station and sit down and see it without giving them notice and time for a potential cover-up ?
No you go to the Garda HQ in the Phoenix park and you pay a nominal fee
You were doing so well Hermes.
The form is here:
http://www.garda.ie/Documents/User/Data%20Protection%20F20%20-%20Nov%2012.pdf
Be careful to supply exact details of name (including nicknames) and address(es).
Examine the Garda response to make sure they are providing information about you. Don’t be surprised about a lack of detail, that’s usually going to be the grounds for suit.
Once they have you on file for certain offences, don’t expect them to give up.
The Phoenix Park Crew is it – They are busy examining a complaint into Phil Hogan perverting the course of justice over a planning inquiry – or at least they should be !
I fought the law and the law won.
Ireland..the old banana republic
noticed that no comments allowed on Catherine murphy article also..
journal.ie you are officially a government lackey and a disgrace to yourselves whatever the excuse or who is not in the office at the mo..
SACK THEM FOR DERELICTION OF DUTY – The truth will come out then !
Governments private security guards. We have a serious issues with the guards , that needs to be addressed now for the benefit of the citizens.
Clare Daly is an honest person with no agendas what so ever.
Everything she says, under Dial privilege or otherwise, should be believed without question and acted on immediately.
I was going to have a go at you, but then I read your second paragraph and knew you were taking the piss. Well played!
what a muppet
Ah Leitrim. My HQ appointed stalker.
How are the rage levels this good evening?
Regardless of who was stopped the Gardaí have a duty to tell the truth
We are supposedly all equal under the law but this is not the case when it comes to the guards dispensing justice.
so how do we make them ? we could ask the Govt, but your pissin in the wind there, because the very nature of this type of policing comes straight from their back pockets
I know leitrim. What to do? it seems like an uphill struggle just to hang on to civil rights these days. Is it so hard for the people in power to imagine a country where freedom is seen as a priority and not something to be taken away.I think their paranoid about ordinary people. Fianna Gael were born a fascist organization and haven’t changed their thinking one bit.
I would be very concerned at the lengths both this govt and the garda will go to protect their postion. They undoubtedly take no prisoners.
looks like kennys promise’s of transparency and paddy likes to know the truth have come back to haunt him despite his best efforts to bury them
Is it so hard to believe that Clare Daly was stopped in the normal course of Garda work? Conspiracy theorists just believed that Daly was targeted because she said she was. I don’t think we need to have too big an imagination to guess what her attitude was like. She could’ve been done for drunk driving of her High Horse. Gardai don’t co-operate with GSOC because they know they’re on a hiding to nothing. Criminals are entitled to say nothing when accused of something and the Gardai should be too, without any inferences being drawn from their silence. Too many people listening to Daly, she’s the one with the agenda, not the Gardai going about their business.
I bet that they are not co-operating! It’s their only practical option at this point.
Clare Daly was targeted for a number of reasons and still has to be very careful. She is marked.
All that the Garda Siochana involved can do is to say as little as possible, reveal nothing and wait for this situation to blow over. if you have exceeded your authority and abused your power, silence is golden. The members are acting in accordance with standard legal advice in these situations.
If mad tax dodging Nick said it, it must be true
Ya like all the lefties on here supporting the pair of dopes…believing every single word that comes out of their mouths
Kevin; your so smart you could BE a Guard; and the reason she was handcuffed? Your a good obedient citizen who believes his superiors.
You think he isn’t? Or at least a wannabe.
God but they are miserable looking
More blatant Garda corruption. The force is corrupt beyond belief and needs to be disbanded and start again. The Gardai refusing to cooperate should be fired.
Well thought out argument, backed up by irrefutable facts.
And to think people accuse the Left of coming up with baseless rhetoric.
I think it’s shameful that Gardai won’t cooperate in the investigation. However, given that the “victim” is the working class pretender supreme, I’d give the guards a pass this time.
Cops at it again. You would imagine they would be trying to improve their image after yesterdays conviction of the Grangegorman murderer,Nash. Considering they had stitched-up a poor innocent kid, Dean Lyons, for the same crime nine years ago.
Would u like to provide some evidence that they stitched him up?? Or are u going to just make a completely false unsubstantiated allegation… like daly and Wallace are making a living out of these days. Go and read the report completely vindicating the gardai in the Dean Lyons saga. Gud lad
when you stop making false unsubstantiated allegations you can call others on it..
until then…..
Name one I just mentioned… I dare ya
ehhh…..You alleged she set the whole thing herself !!…. now double dare me! Does everyone who takes a wrong turn get handcuffed?; you want to justify every rotten policing act thats’ fine; just stop with the self righteous BS
Well said officer, way off and savage some IW protesters.
No I implied that she was arrested because she failed an alcometer test on the roadside having taken an illegal left hand turn.. read the comment again. No conspiracy here so sorry to disappoint
“Fairly sure she set up that whole operation herself”…. thats you about a hour ago..are you sure your not a Guard? you seem to have the same talent for remembering statements? now away wit ye; or for the day that’s it in; (he says pointing at you) “Gobshit”
Kevin Lennon. Try googlin your name sake and the Morris tribunal are you any relation btw
And you wonder why they promoted one of their own into the commissioner job. Terrified if an outsider came in and had access to what the Police are really like. More of the same!!!!!
Transparency…can you see through it yet?
Health warning…this video will make you very angry
https://www.youtube.com/watch?v=q7bAfjKy5Z4
Im so angry with the government and bankers who have made 90% of peoples lives a misery in this Country.
Max is dead right we are so stupid here.we are like children we do as we are told or else.
Von, where did you get your figure of 90%?
Water protesters imprisoned for contempt.. Gardi contempt for GSOC is ignored with employment and pension rights continuing. .. no wonder some of them behave lile they are above the law..
“Gsoc are nothing but a toothless tiger” the words of leo the minister for every thing but health ,to those defending garda corruption, i hope and pray that you will some day have it visited upon you ,
The gardai are corrupt to the core from top to bottom
Have a good read of the dpp v jc [2015] iesc
Justice adrian hardiman condems the long list of injustices on people by gardai , the planting of evidence on innocent people ,the lies that comes from the top to the bottom ,the list is endless and it continues , the state broadcaster hasnt bothered reporting on this even though 3 of the highest judges in the land voiced their utter disgust at the direction the gardai as a force have gone
Jane, most people in this country don’t agree with your assessment of the majority of Gardai – although I’m sure many of us share your suspicion of corruption in the structures further up the Garda food chain. You don’t think the other 4 Supreme Court Judges who disagreed with you have a right to their vote? You’re more likely to meet the disaffected few on these threads than the majority of people who trust the Gardai that they meet everyday. It’s not often that the Supreme Court overturns one of their own decisions – and it’s based on years of seeing lots of the “innocent” people you speak of getting away with serious crimes on legal technicalities despite overwhelming evidence of their guilt. Justice Hardiman will just have to bite his tongue or swallow his pride and accept that he was overruled by the majority. You can just go back to convincing yourself that whatever close relation of yours is responsible for that giant chip on your shoulder about the Gardai is really “innocent”.
The title is worded badly.
This fcuking Country is an open asylum there is no one in charge police bankers etc can do as they please and not have to answer for their actions. I think we will have to get proper journalists to investigate and to write the TRUTH. We have no Government as such. Enda and co too busy wondering how to put more money in their pockets. Its a disgrace NEVER NEVER vote FG again people please they have made a hash of it as it is.
Is there anybody out there who thinks that garda corruption doesnt exist
It would be nice to hear your defence if the state bully boys
Corruption exists in all walks of life,,,but this go’s a bit deeper, this is state sponsored..every man and his dog now that this is cabinet table political policing…it’s aim was to criminalize and character assassinate Clare Daly.
Seems that our new Commissioner is doing a really great job on reforming the Gardaí – in some parallel universe.
That ijlester should take off them rose tinted glasses that you got free with the independent newspaper ,
Pulse is really the Facebook 4 the guards!!
What is the point in having a garda ombudsman if garda cannot be compelled to cooperate a bloody joke we all look foward to the report by the cheif super who was appointed by the commissioner to investagate leeks from within the garda to journalists and others during active investigations it’s been nine months since this investagation was set up
have your say