Monday, March 26, 2012

Watchdog to probe Garda handling of Cloyne cases

The Garda ombudsman has launched an inquiry into the Garda handling of abuse claims in the diocese of Cloyne. 

The Cloyne report strongly criticised the role of gardaí in three cases highlighted in the Murphy report, including one where it concluded that no investigation had been conducted into a complaint, despite the insistence of a senior garda that an investigation had taken place.

The case is covered in chapter 10 of the report of the Commission of Investigation into the Catholic Diocese of Cloyne, published last July. The chapter details how Garda and Church authorities dealt with two complaints of alleged child sexual abuse against a priest, referred to as Fr Corin in the report.

The Irish Examiner has learnt that the Garda Síochána Ombudsman Commission has decided to launch a "public interest" investigation into this case.

The Garda watchdog said it had considered the likelihood of whether it could "uncover new evidence of a significant nature" given the Murphy commission had already investigated the issues.

In its terms of reference, explaining the basis for setting up an investigation, the commission cited two sections in the Cloyne report.

The first is contained in the overview. Paragraph 1.64 says: "In one case, an investigation clearly was not commenced. The senior garda involved insists that an investigation did commence but the evidence demonstrates otherwise.

"There are no investigation files in existence. The commission has not been able to establish why an investigation did not take place in this case but it has no doubt that there was no investigation even though there was a complaint (see chapter 10)."

In relation to a second complaint against the same priest, the commission said it was concerned no proper inquiry had taken place.

Paragraph 10.31 of the report states: "It is clear that, at minimum, proper procedures in relation to the recording of notifications were not followed."

This follows paragraph 10.30, which states: "The superintendent, who is now a chief superintendent, was the district officer in Macroom from February to September 1996. He told the commission that he has no recollection of the case but he contends that a file was opened and that an investigation was commenced. However, there is no evidence that this is so."

The Garda watchdog said it had set up the probe under section 102.4 of the Garda Síochána Act. 

This allows a "public interest" inquiry where it "appears to it to indicate that a member of the Garda Síochána may have committed an offence, or behaved in a manner that would justify disciplinary proceedings".

The commission can investigate both serving and former gardaí in relation to possible criminal offences, if there are any, while disciplinary matters only apply to serving gardaí. 

Some, but not all, gardaí mentioned in chapter 10 are serving.

 It is understood the chief superintendent has since retired.