The official investigation into allegations that members of the gardai abused their powers by routinely removing penalty points for motorists who had committed driving speed offences is now under way, with news during the week that Garda Sgt Maurice McCabe, based in Mullingar, has handed over a large dossier of documents to the Garda Siochana Ombudsman Commission.
It is understood that hundreds of documents were handed over to the Garda watchdog group by Sgt. McCabe. The GSOC’s penalty points enquiry comes in the wake of two previous official reports which had fully vindicated the concerns expressed by the two whistleblowers, Sgt McCabe and former Garda John Wilson – who retired in 2013, when his position became “untenable because he was exposing corrupt practices”.
First came the 74-page Garda Inspectorate Report, published last February, after eight months of investigations and which found that there were “consistent and widespread breaches of policy by those charged with administering the penalty points system”. When this report became public in early March last, it led to the then Justice Minister Alan Shatter admitting on RTÉ’s Six One News that garda whistleblowers Sergeant Maurice McCabe and John Wilson “got a number of things correct”.
Among the startling points which emerged from the report was that the State lost up to €7.4m potential revenue in summonses not served.
Garda Commissioner Martin Callinan retired unexpectedly on 25 March last.
THE GUERIN REPORT
The second official investigation into alleged abuses of garda powers was the Guerin Report, which the Taoiseach sought, arising from the two whistleblowers’ claims and growing public concerns. The 337-page Sean Guerin report, which was released on 9 May, 2014, fully vindicated the allegations of Garda malpractice brought to light by Gda Sgt. Maurice McCabe, and it recommended a comprehensive Commission of Investigation “in the public interest to ensure continuing confidence in the institution of An Garda Siochána and the criminal justice system”. The Guerin report also prompted the resignation of Justice Minister Alan Shatter.
One of the few journalists whose persistence in writing about the complaints of the Garda whistleblowers led to the eventual publication of these reports, Michael Clifford of the Irish Examiner, had this to say when the Guerin report was published last May: “There is a theme running through the narrative of the Guerin report like a thread. Time and again, the same issues arise. A criminal investigation is not conducted properly. Sergeant Maurice McCabe complains about it in a detailed manner. The complaint is investigated by senior officers, more often than not concluding there is little to see here.
“Just one outstanding problem is unearthed again and again: McCabe. He is the problem. Without him, there would be no issues arising. Everybody would just turn the other way and get on with the job.
“The chain of events set out by Seán Guerin is shocking. He goes through 12 separate matters highlighted by McCabe – most of them involving criminal cases which were not properly investigated, with scant regard for the victims.
“Victims of serious assault and possible sexual assault were ignored. Other were targeted for not going away quietly when their complaints were mishandled. Procedures and rules were entirely ignored. Young probationary gardaí were put in charge of investigations with practically no supervision.
“In all bar one of the criminal cases reviewed by Guerin, he concludes: ‘In my opinion, these matters warrant further inquiry in an appropriate forum in the public interest’” Michael Clifford wrote.
PENALTY POINTS ENQUIRY
With the whistleblowers’ concerns fully vindicated came the GSOC penalty points enquiry, after a previous internal garda enquiry had found “little substance” to Sgt. McCabe’s complaints. It was while Sgt. McCabe was station sergeant in Bailieborough, Co. Cavan, that he became concerned about an investigation into a serious assault, and first made a complaint, and followed this with further complaints. When he used the “confidential recipient” system to voice his concerns, he was officially told by superiors in December 2012, that his access to the Garda Pulse system was being restricted. Sgt. McCabe had used the Pulse system to look at files linked to widespread abuse of the penalty points system.
Gda. Sgt. McCabe subsequently approached Taoiseach Enda Kenny and Transport Minister Varadkar, who passed on details to Justice Minister Shatter, who asked for an internal garda enquiry into the penalty points complaints. Sgt. McCabe was not even interviewed during this internal enquiry, and in one of his letters (read into the Oireachtas records), he said the way the matter was handled had “destroyed me, my career and my family”.
FORCED TO LEAVE
Last week, former garda John Wilson (51), who was based in Cavan, said he was forced to leave the gardai after becoming a whistleblower, and he had still not received his certificate of (Garda) service, even though he left 15 months ago, and had urgently sought the certificate in July 2013 in order to get new employment. The certificate is the equivalent of a professional reference, and without it, he said, he could not apply for work. He has asked the interim Garda Commissioner Nóirín O’Sullivan to explain why he has not been given the certificate to which he was entitled.
Mr. Wilson said he had never intended leaving the Gardai, having served for over 30 years, and intended staying on until he was 60, but because of what he exposed, his position became untenable. He and Sgt. McCabe had acted at all times in the public interest, he asserted.
DOCUMENTS HANDED OVER
In the past week, over several days, Gda Sgt McCabe was interviewed by investigators from GSOC, after his dossier of the controversial documents had been handed over. It is known that the records, containing material from the Garda Pulse system, document instances involving hundreds of motorists, some of whom were caught driving at excessive speeds on a number of occasions, and who had their penalty points removed. In at least one case, a motorist who was detected speeding on seven different occasions in the space of two years, had the penalty points removed after approaching the gardai. Full details are given of motorists names, car registrations, dates and the names of gardai involved.
Also still to come is the Fennelly Commission of Enquiry, chaired by Mr. Justice Nial Fennelly, and the Garda Inspectorate report on the investigation of serious crime. The Fennelly Enquiry is looking into the circumstances of the controversial ‘retirement’ of former Garda Commissioner Martin Callinan, and also into secretly taped phone calls at Bandon Garda station, involving detectives investigating the Sophie Troscan du Plantier murder. Revelations last March that this covert recording of phone calls was widespread across other garda stations – which raised serious legal concerns – preceded the late-night visit to the Garda Commissioner’s home by the Secretary General of the Department of Justice in March, apparently to express the Taoiseach’s concerns. The next morning, Commissioner Callinan caused shock when he announced he was retiring.
