Conference Report 2016

ThE O’hIGGINS COmmISSION
Of INVESTIGATION
The O’Higgins Commission has been taking evidence on
a series of allegations that were made against members
in the Bailieborough District of the Cavan/Monaghan
Division. This process is now in the concluding phases
and an interim report has been prepared and distributed
to each of the witnesses. We now await the outcome of
final submissions made to the final report of the
O’Higgins Commission of Investigation. All of the
witnesses are legally precluded from any public
statement on the Commission until the publication of the
Report.
The Garda Representative Association has continued to
provide those members of Garda rank with every
assistance by way of legal assistance and appropriate
representation. The position of the Association has not
changed or altered since the allegations were first made;
and our message has been consistent – we wanted a full
independent investigation of the allegations made
against members, who, in most instances had already
answered to Garda Management or in some instances to
the Garda Síochána Ombudsman Commission.
The Commission was established and terms of reference
outlined as a result of the Guerin Report published in May
2014.
The Government published a report detailing specific
allegations against members, giving them no chance to
defend their reputation, offer explanation or
contextualise the circumstances. The Association
carried out a coordinated campaign of public relations,
legal action and political communication to lobby the
Government to establish the Commission of Inquiry. We
were able to provide a dissenting argument to counterdefine
the one-sided versions seized upon by
mainstream media organisations. This Association
asserted at every opportunity that the Commission of
Investigation should be expedient.
We have continually raised concerns over the lack of
supervision of young inexperienced Gardaí. We were not
alone in this conclusion. The addendum to the report by
the Garda Inspectorate into the Crime Investigation
examined the Guerin Report to see if there was any
crossover – and the findings suggested the same
outcome that we suggested – that too many
inexperienced Gardaí lacked supervision and continual
professional development training.
It has become widespread within the organisation that
the Garda Síochána Discipline Regulations have been
used as a means of aversion training; where members
learn through being punished for their mistakes – rather
than receiving appropriate training before being assigned
to complete investigations.
When the final report of the O’Higgins Commission of
Investigation is published, the Association will have been
at the forefront throughout.
Senior Counsel Mr Sean Guerin had prepared an initial
report to examine these allegations. The Guerin Report
was tasked with producing “an independent review and
undertake a thorough examination of the action taken” as
well as to interview “Sgt Maurice McCabe and any other
such person as may be considered necessary and
capable of providing relevant and material assistance”. It
recommended a full judicial inquiry into cases alleged to
have been ‘seriously mishandled’ by Gardaí in the
Bailieborough District where Sergeant McCabe served as
sergeant in charge from October 2004 until 2008. This
Guerin Report ‘anonymised’ Gardaí using the phonetic
alphabet.