42% of garda complaints resulted in criminal probe

A total of 1,756 complaints were made to the Garda Síochána Ombudsman Commission (GSOC) by the public in 2019, in relation to 2,885 allegations of police wrongdoing, the GSOC 2019 report shows.

GSOC is chaired by Justice Mary Ellen Ring and its fourteenth annula report was given to Justice minister Charlie Flanagan at the end of March.

 Allegation types included:

• 28% relating to neglect of duty (failure to take an action that could have been reasonably expected),
• 18% relating to non-fatal offences (allegations of a criminal offence including, for example, assault),
• 18% relating to abuse of authority (the excessive use of force, or an instruction given beyond a Garda’s authority),
• 10% relating to discourtesy.

The greatest number of allegations were recorded in the Dublin Metropolitan Region (DMR), with 930 allegations made in 2019.  

Of the DMR complainst, 32  concerned Garda HQ in the Phoenix Park, 16 concerned the traffic unit, three concerned Dublin Castle, 34 concerned Harcourt Square, and five related tot he Garda National Immigraion Bureau.

Divisions

Outside the DMR, Cork City (177), Kerry (145) and Limerick (139) were the divisions with the highest number of allegations.

These allegations were investigated in a number of ways, in accordance with the Garda Síochána Act 2005:

• 42% of allegations were managed by means of criminal investigation, conducted wholly by GSOC (for example, in the case of allegations of assault),
• 35% were managed through disciplinary investigations conducted by a Garda superintendent, unsupervised by GSOC (for example, in the case of allegations of abuse of authority during an arrest),
• 13% were managed through non-criminal investigations conducted by GSOC, where they involved allegations of certain types of disciplinary investigations and/or systemic matters,
• 9% were managed through disciplinary investigations conducted by the Garda Síochána, supervised by GSOC. Supervised investigations are appropriate in allegations of more serious allegations of neglect of duty, for example, insufficient investigation of a serious crime,
• 1% were discontinued prior to initiation of investigation.

The Garda Commissioner imposed 96 sanctions on individual Gardaí following complaints to and/or investigations by GSOC.

In 2019, there were 485 criminal investigations opened as a result of complaints and 148 non-criminal probes.

There were 105 supervised disciplinary investigations which conducted by superintendents but also supervised by GSOC investigators, who jointly agree an investigation plan.

Reduced pay

These ranged from advice to the Garda, to a caution, to a reduction in pay. 

In addition, following criminal investigations by GSOC investigators, 23 files were sent to the Director of Public Prosecutions in 2019, resulting in five directions for prosecution, 14 directions for no prosecution and four decisions pending.

These cases related to assault, careless driving, disclosure of certain information, theft and fraud.

Serious harm

The Garda Síochána Act requires that the Garda Commissioner refer any matter to GSOC where it appears that the death of, or serious harm to, a person occurred because of the conduct of a Garda member.

GSOC received 40 of these referrals in 2019. Sixteen of these related to fatalities and 60% related to road traffic incidents.

The number of queries received by GSOC was up almost 14 percent on 2018 figure of 3,036. However, the 1,756 complaints was a 9% drop on the previous year.

In one incident, a taxi driver who complained about being left short on his fare was told that gardai were not debt-collectors and wouldn't help.

A Garda admitted breach of disciplinary regulation by neglect of duty for failing to investigate the complaint without good reason. The Garda was given a warning.

A total of 69% of those who complained about AGS in 2019 were male. 85% were Irish, 3 % British, 1% Polish, 3% from other EU countries, 3% African, and 5% of other nationalities.

Ethnically, 84% of those complaining were white, 2% Traveller, 6% Black, 3% Asian, 3% of other ethnicities and 2% gave no response in this category.

Disabilities

79% of complainants had no disability, 2% had an intellectual disability, 4% a physical disability and 4% a psychological disability, while 4% of complainants had several disabilities.

In the matter of housing, 32% of complainats were home-owners, 46% were renting, 3% homeless, 5% guests, 12% in other categories and 2% gave no response.

And the highest proportion of complaints were educated to third level, at 53%, with 32% having secondary education and 5% a primary education and 2% no formal education.

The allocated budget for GSOC in 2019 was €10.66 million with actual expenditure of €10.69 million. 

During 2019 the staffing of GSOC has risen from 92 to 125 at year-end, an expansion sanctioned to address the Commission’s workload.