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Garda accountability: Ombudsman recommendation rejected


He3

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In July the Garda Síochana Ombudsman Commission wrote to the Commissioner of An Garda Síochana following its investigation of complaints received from 14 Mayo residents. The Ombudsman advised the Commissioner of its conclusion - that disciplinary action was warranted, and that the Ombudsman was recommending that the Commissioner would act. The exact nature of the disciplinary action was left at the Commissioner's discretion.

Last week the Garda authorities responded. Rejecting the statutory complaints body's recommendation, they announced that they would take no action.

THE GARDA Síochána has rejected a recommendation by the Garda Síochána Ombudsman Commission that disciplinary action be taken against a senior officer in relation to the handling of a Corrib gas-related protest in north Mayo.

The force has informed Ombudsman that it found “no breach of discipline” on the part of the senior officer in relation to Garda handling of a protest at Pollathomas pier, Co Mayo, on June 11th, 2007.

The Garda Ombudsman has sought an explanation from the gardaí for this decision, according to letters sent last week to some 14 residents whose complaints about the incident were deemed admissible for investigation.
Senior garda will not be disciplined over Corrib protest - The Irish Times - Tue, Feb 23, 2010
 


He3

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The refusal of the Garda authorities to act in accordance with the statutory complaint body's recommendation is a significant moment with far-reaching implications.

The refusal in this case is reported presumably because the subject matter of the original complaints is very high profile.

Has anyone any knowledge of previous cases where the Gardaí have rejected such a recommendation from the Ombudsman?
 

realistic1

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The Garda authorities have rejected these recommendations because they know their Political masters will not condemn them for it. The question now is should the Garda Síochana Ombudsman Commission disband?
 

corelli

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The refusal of the Garda authorities to act in accordance with the statutory complaint body's recommendation is a significant moment with far-reaching implications.

The refusal in this case is reported presumably because the subject matter of the original complaints is very high profile.

Has anyone any knowledge of previous cases where the Gardaí have rejected such a recommendation from the Ombudsman?
They have never rejected a recommendation to my knowledge. However, there have not been too many.

On the other hand, I very much doubt Conor Brady et al are very happy and I await with interest what the Garda Commissioner has to say to the Ombudsman about their reasons for inaction.
 

Sync

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A clear sign that the Ombudsmans office needs to be beefed up considerably. Deciding not to act on their recomendations shouldn't be a runner.
 

corelli

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Before people comment in relation to this prehaps they should read this article

O'Toole blind to sinister side of Corrib campaign - The Irish Times - Tue, Feb 23, 2010
With respect, that is hardly the issue. The pertinent issue here is that the independent Garda Ombudsman's Office carried out an investigation and recommended to the Commissioner that a Senior Garda be slightly reprimanded. The Commissioner has refused to so do.

The reasons for so refusing should be made available. If there was some error in the Garda Ombudsman's investigation found by the Commissioner, fair enough. However, if the Commissioner is merely supplanting the Ombudsman's view with his own, then there are serious questions to be asked about the functionality of the Ombudsman's Office.
 

fiannafailure

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I still believe that it was the hamfisted, lazy and incompetent behaviour of the local agents of the state at the very beginning of this fiasco, that means that we now have a very intractable and volatile problem, the resolution of which is a job that I would not wish on my worst enemy.

But will we learn ??
 

stripey cat

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I think the message is very clear to people concerned about this development- the Gardaí and Shell can do what they like without fear of sanction and complaints through the courts, the Garda Ombudsman etc will be a waste of time.

If on the other hand, people try to defend their land and their rights through demonstrations and direct action like lying in front of lorries, corporate cheerleaders like Gerry Gregg will condemn them in the media, and the courts will brand them "thugs" and give them harsh sentences.

Sadly, we all suffer by having an unaccountable, slapdash and second rate police force which puts the interests of big companies before caring about us.

Last I heard, the Garda in this case, Supt Joe Gannon, was in charge of the investigation into the murder of a Romanian teenager who was picked up off the street in Dublin and never seen again. Having seen how he does his job in Mayo, I wouldn't hold my breath for a resolution of that case...
 

He3

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With respect, that is hardly the issue. The pertinent issue here is that the independent Garda Ombudsman's Office carried out an investigation and recommended to the Commissioner that a Senior Garda be slightly reprimanded. The Commissioner has refused to so do.

The reasons for so refusing should be made available. If there was some error in the Garda Ombudsman's investigation found by the Commissioner, fair enough. However, if the Commissioner is merely supplanting the Ombudsman's view with his own, then there are serious questions to be asked about the functionality of the Ombudsman's Office.
+1
 

He3

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The man at the centre of the Sargent letter saga has complained to the Ombudsman.

Some may wonder if there is any point.
 
T

The_Big_Fellow

The man at the centre of the Sargent letter saga has complained to the Ombudsman.

Some may wonder if there is any point.
It is a brave thing to do in this country to complain about the Guards. They always get you in the end. Fair dues for him for standing up to them. I wish him luck.
 

James Healy

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The Garda Ombusdamn did not act, instead passed it back to Commisioner to do as he liked, which he did - nothing. The thuggery and antics of Shell to sea, exposed by the likes of Maura Harrington leaning up against Gardai in the TV3 documentary paved the way for this and her talking about sh one t in suits. Who would discipline a decent Garda for standing up to the likes of Shell to Sea mob. They are their own worst enemies and scare supporters away
 
Last edited:

Half Nelson

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In July the Garda Síochana Ombudsman Commission wrote to the Commissioner of An Garda Síochana following its investigation of complaints received from 14 Mayo residents. The Ombudsman advised the Commissioner of its conclusion - that disciplinary action was warranted, and that the Ombudsman was recommending that the Commissioner would act. The exact nature of the disciplinary action was left at the Commissioner's discretion.

Last week the Garda authorities responded. Rejecting the statutory complaints body's recommendation, they announced that they would take no action.
It's now time for the Ombudsman Commissioners to consider their positions, through no fault of their own.
The Commission has lost all credibility.
 

stripey cat

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It's rare enough that a thread would be zapped.

A thread making a false accusation about a TD in its title was left on the forum for about a week recently, and then eventually, after many protests, had its title altered.

So for someone to pull the entire thread shows how nervous they are.

It says something about the way people are afraid of the police in this country doesn't it?
 

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