LAST UPDATE | 15 Oct
MARY LOU MCDONALD has told the Dáil the circumstances around Brian Stanley’s resignation from Sinn Féin are “very, very serious”.
The Laois-Offaly TD resigned from the party late on Saturday, stepping away after 40 years of membership due to what he called a “seriously flawed” internal investigation.
Sinn Féin leader Mary Lou McDonald has said the party undertook an internal disciplinary process to look into a complaint that was made against him in July and that during the investigation a “counter-allegation” was made.
Speaking during a debate on child protection, she said:
“The complaint made against Deputy Stanley is very serious. The complaint relates to an incident that took place in October 2023 and relates to Deputy Stanley’s personal behaviour – leaving the complainant, in her words, traumatised and distressed.
“In the course of the inquiry into the complaint against Deputy Stanley, he raised a counter allegation against the complainant and a very serious one. The allegation caused deep concern, and Deputy Stanley was advised that he should go to the gardaí. He chose not to.
“Deputy Stanley’s allegation also dates back to the incident of October 2023.”
She added: “Deputy Stanley is responsible for his behaviour and he must account for it. For our part, Sinn Féin responded to a serious complaint and counter allegation in a correct and fair manner.”
Sinn Féin referred both matters to gardai on Sunday after the completion of a preliminary report from its internal inquiry.
However, garda sources have said officers have not yet been able to locate the letter Sinn Féin claims it submitted on its internal investigation against the Laois-Offaly TD.
Sinn Féin has told The Journal that a party official delivered the letter to Kevin Street Garda Station at 4pm on Sunday. The letter details the allegation against Stanley and his counterclaim, including text messages associated with it.
The first complaint relates to 11 October 2023, and a counter-allegation relates to an incident on 13 October 2023.
McDonald said that a preliminary report was furnished to both individuals – Stanley and the complainant – last week but that, on foot of Stanley’s resignation on Saturday, the internal process has been suspended and the issue has been referred to gardaí.
The Journal has made a number of enquiries with garda sources and as yet gardaí have not been able to locate the letter.
Sources have said that such a letter from a political party’s internal human resources section would not automatically initiate an investigation. They would have to hear from the complainant who alleges wrongdoing.
It is understood gardaí will examine the letter and determine if a criminal probe is warranted.
In an interview with RTÉ Radio 1′s Morning Ireland yesterday, McDonald said the party did not initially make the garda referral when it first received the complaint because it had not been of a criminal nature.
“Had the initial complaint been of a criminal nature, it would have gone straight to An Garda Síochána” McDonald said.
Stanley said yesterday that McDonald had “stated correctly” that the complaint against him was “not of a criminal nature”.
“I welcome the fact that Sinn Féin has belatedly referred the ‘complaint’ and matters concerning it to the Gardaí. This has been advocated by me for some time, including to a senior Sinn Féin official,” he said in a statement released through his solicitor.
If a probe is initiated, depending on the nature of the allegation it would be handled by a detective in the station in the area where the incident was alleged to have happened.
If the letter was received in a station outside of the location of the alleged incident then it will be forwarded to the relevant district.
A source familiar with investigations of this nature said that gardaí will have to speak to the original complainant and offer them a chance to make a statement. If they refuse to make a written complaint that will likely mean the end of any probe.
A garda spokesperson said: “ An Garda Síochána does not comment on named individuals and/or organisations.
“In general and without commenting on any specific matter, third party referrals to An Garda Síochána are initially examined to determine whether they meet the threshold for a potential criminal offence. They are not automatically subject to criminal investigation.”
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