Suspension of eight gardaí in Limerick akin to a 'witch-trial', claims TD
Eight The None Charged Serving Of Picture Alleged But Public In To The Been Were Date “corruption File Officers Suspended Office", Members Over Have
The ongoing suspension of eight gardaí in Limerick, as part of probe led by the Dublin-based Garda National Bureau of Criminal Investigation (GNBCI), has been described in the Dáil as a “witch-trial”.
The eight gardaí have been suspended since November 8, 2020, as part of an investigation into the alleged squaring away of road traffic offences.
The eight serving members were suspended over alleged “corruption in public office", but to date none of the officers have been charged.
A wider strand of the investigation has led to charges being brought against four serving gardaí and a retired senior garda over alleged squaring away of road traffic offences.
The ongoing suspensions of the eight members has led to "widespread fear and confusion among gardaí", claims Fianna Fáil TD Cathal Crowe.
He told the Dáil on Thursday that serving gardaí fear they may be suspended or face criminal charges should they use discretion when dealing with members of the public.
Referencing the famous Salem witch trials in Massachusetts in the 1690s, the Clare TD told the Dáil: “You could almost call the Limerick Garda Division ‘Salem’ at the moment, because there’s a form of witch-trial going on for the last two years there. Eight members suspended, 60 garda phones confiscated, morale has never been lower.”
“All of this centres around discretion. In that moment that a guard pulls you over, they have the power of discretion, which has been a feature of An Garda Síochána, policing by consent; it’s taught, it’s part of the curricular substance in Templemore [Garda Training College] right back since 1922.
It’s part of what [gardaí] learn, discretion is not defined, and therein lies the problem, and what has happened in Limerick over the last two years is that gardaí are told [that if you] use discretion, you are wrong and you're suspended.”
Arguing that discretion and corruption are not the same, Mr Crowe said: “We need to move way beyond the model of squaring off a ticket for the monsignor or the politician or the county hurler – I think everybody agrees with that. But we don't want to be witch-trialling, which has been happening in Limerick over the last two years.”
Mr Crowe said between 60 and 80 garda mobile phones had been confiscated as part of the probe.
Limerick independent TD Richard O’Donoghue said the eight suspended gardaí had not been replaced.
He said gardaí are taught by management to use what he referred to as an “L7” or “a square” when dealing with “exceptional or hardship circumstances”.
“Is that no longer the case, do gardaí have discretion in hardship cases anymore?” said Mr O’Donoghue.
When asked for comment, Garda HQ said discretion remained “an important facet” in the force’s “long-held and understood tradition of policing by consent”.
However, commenting generally and not in relation to any specific individual case, Garda HQ referred to a recent report by the Policing Authority which states "this exercise of discretion is entirely different from any tendency to show preference".
The report added: "There has been some conflation of these two concepts in public commentary and it is necessary that the important distinction be emphasised. The law binds us all equally, and while there is a proper place for the exercise of discretion in determining the best course of action where an immediate decision is required, being well-known or knowing a guard, of whatever rank, is not a pathway to more favourable treatment." }
Garda HQ went on to say: “Gardaí are trained to apply the law and deliver policing services in a fair and equitable manner. The application of the law is facilitated by the garda’s discretionary policing powers underpinned by the Code of Ethics and Garda Decision Making Model.”
Last July, the president of the Garda Representative Association (GRA), Frank Thornton, said gardaí had been offered psychological counselling because of the prolonged investigation.
In a circular sent to the group’s 600 Limerick members, Mr Thornton highlighted the “appalling treatment” of gardaí in the division, who he said “have been subjected to what we perceive as a witch-hunt rather than a legitimate investigation”.
“We are all feeling dismayed, disillusioned, and frustrated,” Mr Thornton added.