A GARDA WAS found in breach of discipline and was sanctioned after a GSOC investigation determined that the Garda had engaged in an inappropriate sexual relationship with a victim of domestic abuse. 

The sanction imposed by a Garda Board of Inquiry on the Garda member on foot of the investigation by the Garda Siochana Ombudsman Commission (GSOC) is one case study highlighted in the 2023 GSOC annual report.

The report separately discloses how GSOC sent a total of 40 files to the Director of Public Prosecutions (DPP) in 2023 arising from GSOC conducting criminal investigations into members.

The report states that in 2023, the DPP directed no prosecution in relation to 25 investigations, and this related to 22 files submitted by GSOC in 2023 and three files submitted in 2022.

The report states that the DPP directed the prosecution of 11 offences arising from eight files submitted to the DPP in 2023 and three files in 2022.

The report states that a further 10 directions were pending from the DPP in relation to files sent in 2023. 

The annual report provides a breakdown of offences where the DPP has directed prosecution.

These include one case where a Garda is facing two counts of harassment; another facing one count of sexual assault; another case where a Garda member is facing three counts of assault causing harm and another Garda member is accused of perverting the course of justice.

In another two cases, two Garda are facing assault causing harm while another Garda is facing four counts of dangerous driving.

Criminal cases

On criminal cases decided in 2023, the report states that seven cases were completed and of these seven cases, four cases were dismissed.

In two other cases there were acquittals and in one case the accused was ordered to make a charitable donation. 

At the end of 2023, the report states that Gardai were facing charges in the courts in 23 separate investigations and one of those included a Garda member facing a charge of rape.

The report does highlight the case of a former member of the garda reserve, James Anthony Kelly (57) of Suncrest, Ballycashin, Butlerstown, Co Waterford, who was jailed in January at the Central Criminal Court for six and half years for sexually abusing and raping a young boy he befriended.

The annual report does not name Mr Kelly but states that following the completion of an independent criminal investigation by GSOC, the DPP directed the prosecution, on indictment, of a former member of the Garda Reserve, on numerous counts of offences of a sexual nature. 

The report states that there are three cases currently pending before the courts involving charges brought against members of the public for four separate charges of knowingly providing false and misleading information to GSOC.

Complaints

The report reveals that last year, GSOC received a total of 1,577 new complaints, which was a 14% decrease on the 2022 total of 1,826.

A complaint is described as an “expression of dissatisfaction made to GSOC by a member of the public, about the conduct of an individual member of the Garda Síochána”.

Each complaint against each Garda is assessed individually for admissibility.

The report states that the most common circumstances which gave rise to complaints in 2023 were ‘customer service’ at 25%, and the conduct of Gardaí during arrests and when carrying out investigations both at 14% each.

The report discloses that 39%, or 609 complaints, opened in 2023 were deemed inadmissible.

Of this, 86% were deemed inadmissible as the allegation did not constitute misbehaviour and if proven, would not be a crime of in breach of Discipline Regulations.

Of the 3,394 allegations investigated by GSOC in 2023, investigations into 2,165 were discontinued because there was no independent evidence to prove an allegation.

The report also reveals that 81 sanctions were imposed on Gardai following disciplinary investigations by the Gardai or GSOC.

The statistics show that Gardai received ‘Advice’ in 48 cases.

‘Advice’ is a sanction, which may be applied by the Garda Commissioner, for breach of the Discipline Regulations –it can be formal or informal.

Seven of these sanctions resulted in a reduction in pay, with a further five receiving fines.

Another eight received a caution, while three received a warning and a further four received a reprimand.

The cost of external advice to management and general legal advice received by GSOC amounted to €235,666 last year.

Meanwhile, expenditure in relation to legal costs, settlements, conciliation and arbitration proceedings relating to contracts with third parties was €174,558 in 2023.