The Garda Commissioner has said he understands that the case of the garda who loaned a farmer an unclaimed bicycle during the pandemic has caused public concern and he wants to see what lessons can be learned.
Drew Harris said he recognised how difficult it must have been for the garda and his family, but stressed that the garda had been exonerated and said he wanted to wish him well in his garda career.
Commissioner Harris told the Committee of Public Accounts (PAC) yesterday that the public did not know the full story.
Speaking at the graduation of 165 new gardaí in Templemore today, Commissioner Harris said he stood over the decision to bring in the National Bureau of Criminal Investigation to investigate the case of the stolen bicycle.
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He also said he would wait to see the correspondence from the garda’s solicitor in relation to his comments at the Committee but said it was not his intention to impute blame to the garda.
Senior Counsel Damien Tansey said he will write to the Commissioner to clarify comments he made that the full story is not out in public because the garda was concerned it implied “something blameworthy” on his part.
He also said he had a responsibility to ensure the integrity of the Property Evidence Management System which was about continuity of evidence in all cases, such as firearms, drugs and money which he said was an important principal.
Minister for Justice Helen McEntee said she had full confidence in the Garda Commissioner and while she would not comment on the case or the effect it had on the garda and his family, she reiterated that the process had been too long.
She said as it was a disciplinary matter, it was not appropriate for her to comment.
“We have quite a significant number of cases that are and have been quite public in recent days, so I won’t comment on any of them,” she said.
“What I would say is that I believe that we can have a more efficient and more effective disciplinary process and that is what we’re working on at the moment, following the completion of the policing, security and community safety bill.”
Minister McEntee said there are a number of regulations she hopes to have agreed with the Garda Commissioner by the summer.
“My role here is making sure the system that we have is efficient and effective and I believe come this summer, we will have a more efficient and effective system”.
She said it was her view that in “a lot of instances”, the process goes on for too long.
“I think what people need is certainty on both sides. And that’s why I hope the new regulations that we’re working through will provide that certainty.”
GRA calls for ‘clarity’
The President of the Garda Representative Association (GRA) has said members want “clarity” from the Garda Commissioner about the comments he made yesterday.
Speaking on RTÉ’s Today with Claire Byrne, GRA president Brendan O’Connor said that “whatever the Commissioner was intending to say” his choice of words leaves it open to interpretation.
“There is some suggestion that there is information, if people knew they would put a different slant on it.”
He said the concerns are not around “the very fine details”, but it is about the principles that apply of “justice, fairness, proportionality and community policing”.
Mr O’Connor said Commissioner Harris should explain his comments around all information not being in the public arena.
He asked: “Is the independence of the process being questioned? Is the evidence provided being questioned? What exactly is being said here that the public need to know other than what a guard was put through for doing what they would expect a guard to do as a community police person?”
He also stated that comments wishing the garda well were issued after the Commissioner went before the PAC and made those comments.
He said the “damage was done” by the comments made yesterday and the perception around it, adding that Commissioner Harris needs to outline what his stance is on the disciplinary process, given he criticised a four-year lengthy process to find out and exonerate this person at the centre of this controversy.
“A brief examination of the facts would have established what happened……If the leader of the policing service doesn’t see that as common sense that leads to more questions,” Mr O’Connor said.
The solicitor representing the garda who was cleared of any wrongdoing has also criticised the comments made by Mr Harris.
Senior Counsel Damien Tansey said Mr Harris needs to explain his comments, and Mr Tansey said he is now going to write to him raising these concerns.
He also said the garda who was reinstated to full duty yesterday was “extremely upset” at the comment and that “the only conclusion” that could be made from it was that there was “something blameworthy not in the public arena” relating to the garda.
Mr Harris rejected GRA claims that the process lacked “common sense and proportionality” insisting it was “absolutely essential” that the integrity of the evidence management system be preserved.
He said there was a “very clear policy” that “specifically talks about bicycles”.
“I’m not quite sure what a common sense approach is,” the commissioner added, “if an officer does not stick to those processes,” he said.
However, Mr Tansey disagreed with this and said there was a lot of information not in the public domain but that the Commissioner’s comment, which he described as “extraordinary,” implied there was “something blameworthy” for the garda and this was not the case.
He said the garda had been fully vindicated and totally exonerated on all five charges following a four day hearing.
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Garda at centre of stolen bicycle case fully reinstated
He said the officer is recovering from this “debacle which has gone on for four years” and that while “he is relieved, it takes time to accustom from the shadow that has been hanging over him”.
Garda Headquarters said in order to protect an on-going disciplinary process and the garda member involved, An Garda Síochána did not comment on this matter despite a significant amount of information on the matter being reported on by the media over a period of months.
It said Commissioner Harris made it clear at PAC yesterday that he did not want to comment on an individual garda member or the matter in detail in order to preserve the anonymity of the garda.
It also said Commissioner Harris entirely accepts the Board of Inquiry made no adverse finding against the garda, that he has been reinstated to full-time duties and that Commissioner Harris wishes him well in his future career in An Garda Síochána.
