The Mahon Tribunal and Garda Siochana

jonsnow · 24-03-2012 11:24AM #1

Senior gardaí failed to properly investigate dramatic allegations of corruption and bribery involving politicians and senior officials, the Mahon Tribunal found.
The tribunal said the conclusions of a Garda investigation into allegations made by developer Tom Gilmartin in 1989 "were unwarranted" in stating there was no evidence of criminal conduct by either Liam Lawlor TD or the Dublin assistant city and county manager, George Redmond.

Mr Gilmartin had named three people — Mr Lawlor, Mr Redmond and councillor Finbarr Hanrahan — who he alleged made demands for money in relation to his proposed Quarryvale property development.

The Luton-based businessman further claimed that a figure of £100,000 ‘for each man’ had been demanded of him and that there was a separate demand of £5m from an unidentified man.

The Mahon Tribunal was heavily critical of the Garda probe, conducted over 1989 and 1990, by Chief Superintendent Hugh Sreenan and Superintendent Thomas Burns, both since retired. The investigation’s final report said claims by Mr Gilmartin and others against Mr Redmond had been "thoroughly investigated" and that there was "no evidence to suggest" he had committed any crime.

In relation to Mr Lawlor, Supt Burns said "no evidence of criminal conduct" had emerged. He added: "Where verbal allegations have been made, they have been found wanting and Mr Lawlor emerges, as far as I am concerned, with his good reputation unscathed."

Supt Burns observed: "Gossip and rumour abound in Ireland and many an innocent, defenceless person has had his good name tarnished as a result. Therefore, it was an important part of this enquiry to delve fully into the allegations...

"Mr Liam Lawlor TD emerges from this enquiry with his good reputation unscathed."

In a hard-hitting critique of the investigation and the report, the tribunal said:

* The complains made by Mr Gilmartin were "not thoroughly investigated" by gardaí.

* Gardaí had sufficient information to conduct a thorough inquiry had they proceeded to interview the individuals named, but neither made or attempted to make contact.

* It believed it was "likely" that Mr Lawlor’s position as a TD was a factor in the decision taken by investigating gardaí not to interview him.

* It was "puzzled" as to why the final garda report went to "such lengths" to exonerate Mr Lawlor and Mr Redmond.

It said Mr Gilmartin’s decision to end contact with the garda inquiry "arose directly" from an intimidatory telephone call from "Garda Burns".

Mr Gilmartin told the tribunal he had no reason to suspect the call was in fact from Supt Burns or anyone in the Garda inquiry.

Read more: http://www.irishexaminer.com/ireland/gardai-failed-to-probe-allegations-thoroughly-188078.html#ixzz1q21JRI3f

It has become patently clear that the guards are not capable of tackling political corruption at a high level.This is no reflection on rank and file gardai who are probably even more annoyed at this then the average man on the street.In relation to political corruption it is obviously a matter for senior gardai to deal with and they have failed completely.Given the current system whereby they are appointed by the government of the day it is unrealistic to expect them to then take serious action against members of that same government.Obviously this is a flawed process.

This is a very difficult situation to rectify and to be honest I don,t see any obvious solutions.In larger countries like the US or the UK when police/political corruption becomes endemic federal agencies or outside constabularies are often sent in to investigate and clean it up.Obviously this is not practical in a country the size of Ireland.

It is absolutely imperative that elected politicians have oversight and authority over our national police force to prevent corruoption and abuses of power in that body.But how do we stop this political control from neutering the gardai investigating corrupt politicians.Should all party committees be appointed to decide on the appointment of gardai.Should an independent body staffed by some national politicians and some outside policing experts appoint senior gardai.What do people think is a realistic approach to improving the shocking track record of the gardai in this area.

audidiesel · 24-03-2012 11:31PM

simples, appoint an independant body whose sole purpose is to investigate political corruption in local and national government. wouldnt need too many bodies but they would certainly be kept busy.

audidiesel · 24-03-2012 11:39PM

its also worth bearing in mind that this tribunal had essentially a limitless amount of money, resources and time to investigate all these incidents.

im not defending them, but if the tribunal only had the resources available to the guards plus other investigations to do and problems within the districts they manage along with time pressures then they might not have been as damning.

the whole system of political corruption in this country is a joke. there should be proper facilities to investigate it. lobbing it onto an overworked and underresourced police force isnt the way to do it properly.

Terrontress · 25-03-2012 05:35PM

People are using current values to judge items several decades in the past.

You can be sure that if a senior Garda were to attempt to bring the political elite to justice in those days that they would not advance in their career much further.

It's a similar story to how AGS did not act upon the actions of paedophile priests. The various arms of the state had too much control upon each other.

parsi · 25-03-2012 09:38PM

Only obeying orders ?

Zambia · 25-03-2012 09:51PM

Sounds like a Sh1t file with no corroborating evidence. It really was going to go nowhere.

Terrontress · 25-03-2012 09:59PM

parsi wrote: »

Only obeying orders ?

Only obeying society. You had Charlie Haughey who only ever, to the best of my knowledge, earned a public salary. In spite of this he had a large country house in North Dublin, a collection of horses, private island, yacht.

It was obvious to the world that he was on the take.

Nothing was done about it. No newspapers or state agencies pulled anyone up. Public consensus was that these guys had done well by the country and why not turn a blind eye.

When the Celtic tiger was in full swing, I lost count of the number of people who said to me "they may have been on the take but look at Ireland. They set up the IFSC. They made us the highest earning nation on earth". Never mind the fact that none of us could afford a two up, two down in Cabra.

If the same outrage existed then as now then there would have been investigations by the Gardaí, people arrested, imprisoned.

The outrage or sense of injustice was not there and the Gardaí enforced the will of the people.

kub · 25-03-2012 10:18PM

I was happy to hear that CAB were following up on the findings of this report. Having heard that guy who put that famous ad in the paper those 17 years ago, on the radio this morning, I wonder now what interesting things CAB will uncover.

Corcioch · 27-03-2012 01:49PM

Well thats a real surprise.

Guess what, AGS are controlled by government. Careers are in the hands of Gov. Gov call the shots . . .so what do people expect???

Unless the force is made Independent things will never change. The Force should answer to an independent group who represent all of society . . .not the gov of the day and their whims

Shatter is also in the process of further increasing the Governments meddling in the day to day running of AGS . . . .

parsi · 27-03-2012 09:59PM

Terrontress wrote: »

parsi wrote: »

Only obeying orders ?

Only obeying society.

I'm not disagreeing with you as I realise that the police force is an extension of the prevailing government attitude in any country .

However we are experiencing the negative effects of this - be it the legions of ignored abuse victims or the failure to support witnesses.

Time for the boys in blue to do their duty which is to uphold right in the face of wrong.

jonsnow · 28-03-2012 07:28AM

Good article on this topic by conor brady.Makes an interesting point-why did CAB have to wait until they got the political green light before going into action.I also wouldn,t have a problem with talking the primary national security apparatus out of the hands of the guards (who have been deeply penetrated and compromised by foreign intelligence services anyway) and setting up a stand alone service staffed by recruits from the guards,military intelligence, the revenue, dept of foreign affairs etc.Leave the guards to policing the state free from stifling political control (which will be necessary if they are the primary intelligence service)

http://www.irishtimes.com/newspaper/opinion/2012/0328/1224314008364.html

IN THE abundance of commentary that has followed the Mahon report there has been scarcely more than a reference to the role played – or not played – by the Garda Síochána.

It must be remarkable that over the three decades in which corruption became “endemic”, the national police service appears to have been inert. The tribunal is explicit in criticising the Garda for failing to investigate with any adequacy the allegations, for example, of developer Tom Gilmartin.

The report does not provide an answer as to why this happened. Nor does it recommend any measures to prevent a repetition of such failure. In reality, it lies deep within the power axis that connects police and government in the State.

If Enda Kenny is serious about eradicating corruption in the future, he could start by initiating a review of this relationship. It is outdated, anachronistic and significantly out of step with what happens in other jurisdictions. With the publication of the Mahon report, the head of the Criminal Assets Bureau has reportedly been instructed to assemble a team of officers to review its findings. But why should a police service that is supposedly independent in its operations wait 15 years to have the political “green light” to investigate suspected crime? The Cab has enormous powers to seize what it believes to be ill-gotten gains and it has used those powers widely. Considerable sums have been secured for the State by going after the assets of individuals who are unable to provide proof that their wealth has been acquired lawfully.

Is there any good reason, if these powers and others can be used against drug-dealers, that they cannot be used where there is prima facie evidence of corruption in public life?

Why the apparent inaction over so many years? The reality is that the Garda Síochána has almost always seen itself in a hands-off position regarding the political establishment and, in particular, to whatever party may be in power. A garda would intrude into what has been regarded traditionally as the preserve of the politicians at their peril.

This is not to question the integrity or probity of the force’s management. It is simply to recognise the realpolitik of the relationship that has been fostered over 90 years between the police force and its political masters.

The Garda was established in 1922 as an arm of central government. Its senior officers are appointed by the government of the day. Careers can be made or broken, promotions and preferment can be accorded or denied, depending upon the way the political wind is blowing. But a policing model adopted when the State was struggling for its existence does not necessarily serve the needs of 21st century society. There has long been a requirement for a cordon sanitaire between the politicians and the Garda. Police officers need to have confidence that if they have to examine the conduct of any element of the political establishment, they can do so without fear of consequences for themselves.

Other jurisdictions, such as Northern Ireland, seek to achieve this by the operation of a police authority which stands between the police and the political establishment. The police authority is generally representative of the community. It appoints – and removes – senior officers. It is the first line of account for the management of the police service. It can also act as a bulwark between the police and those holding political power at national level.

The Garda is the only police service in these islands that reports directly, through a minister, to central government, without the application of any “filter” or other safeguard. It is a model that goes back to when Robert Peel and Thomas Drummond established the first Irish police forces. The arrangement, made for simpler times, is at worst susceptible to abuse.

At best it must tend to foster a culture of deference and political compliance. It may work satisfactorily when the minister is trustworthy and righteous, as most of them are. But on at least three occasions the minister with direct control over the Garda was one of those now identified in the pattern of corruption outlined in Mahon.

Who would want to be in the shoes of a Garda officer telling Charles Haughey, Ray Burke or Pádraig Flynn there was an issue of political corruption to be investigated – and would the minister mind answering a few questions? The official line has always been that the Garda is unlike other police forces in that it is also the State’s primary security service. Thus it must remain directly under government control. This is a canard. The State had no difficulty in accepting there should be a Garda authority in the ill-fated Sunningdale pact of 1973. Unhappily, it never came to reality. It is entirely possible to construct a model that would preserve the Garda’s security relationship with government, while providing for the sort of safeguards that should apply when an elected politician is effectively given charge of criminal law enforcement.

The reality is that politicians – of all shades – want to retain direct political control over the Garda. In the run-up to the 2007 general election, the Labour Party, for example, committed itself, if elected, to the establishment of an independent police authority. In 2011, with the certainty of office in sight, that undertaking disappeared.

The sense of political proprietorship of the police runs deep in Leinster House. The tale of the encounter, many years ago, between the late Brian Lenihan snr and a garda who found him on licensed premises “after hours” was more than a funny story. “What will you have, guard?” Lenihan asked, “a pint or a transfer?”

I daresay there are some even today in Leinster House who would ask what was wrong with that?

The Mahon Tribunal and Garda Siochana

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