Dáil exchanges on 6 March on the killing of Derek O'Toole
Joe Higgins (Socialist Party): Many people will have seen the very dignified appearance by Mrs. Christine O'Toole on RTE last night. Mrs. O'Toole is the mother of the young man, 24 year old Derek O'Toole, who was tragically killed on Sunday morning in Lucan in a road accident.
She complained validly about the spin created in a number of media outlets yesterday to the effect that her son was “known to the gardaí”. That is a code for having a criminal record or for being a person of ill-repute, neither of which is true. I make no judgment on what happened, subject to a full investigation, but members of the Garda Síochána were involved in the tragedy. There is a suspicion that when members of the Garda Síochána are involved in such incidents a spin is put to the media, anonymously and from unattibuted sources, to secure a prejudgment on issues that arise in the case with a view to minimalising the responsibility of the gardaí involved. I previously raised the question in the context of the tragic killing of John Carthy in Abbeylara, who was the subject of disgraceful leaks from inside the Garda Síochána.
What is the view of the Government on the systematic and unattributable briefings by members of the Garda Síochána, sometimes by very senior officers, in respect of issues concerning citizens' good names? Are such briefings acceptable or should they not be allowed to continue? Does the Taoiseach agree that there must be a full and independent investigation on foot of the circumstances in which Derek O'Toole died?
The Taoiseach: I sympathise with the parents and family of the late Derek O'Toole on his untimely and tragic death. I completely agree with Deputy Higgins's point that it is regrettable that initial reports from an unnamed source attempted to put Derek's character at issue. A full Garda investigation, headed by a superintendent, is under way. When it is completed, a file will be forwarded to the Director of Public Prosecutions who is an independent officer. It will be he who will make a decision on any further action required. It is important, both for the relatives of the victim and the persons in the car involved, that the investigation is allowed to take its course. It does no one any service to jump to conclusions in respect of matters of this nature.
I am advised that, as part of the Garda investigation, the scene of the collision has been examined and that the car involved has been technically and forensically examined. The driver of the car was an off-duty garda. He underwent a breath test which showed him to be below the legal limit. I am also advised that, following a post mortem, there is no evidence to suggest Derek had been assaulted or that another vehicle was involved. We hope the investigation will bring clarity for everyone involved.
I welcome the appointment by the Garda Síochána of a nominated officer to act as liaison between the force and the family. More than anything else, however, I sympathise with the parents and family of Derek O'Toole on his death. I condemn any attempt to place his character at issue in any way.
Joe Higgins: All Members will join the Taoiseach in extending their sincere sympathy to Mr. and Mrs. O'Toole and the family on what was an appalling tragedy. I cast no reflection on anyone involved in the investigation but in cases of this nature provision should be made for an independent investigation to be carried out by competent persons outside the Garda Síochána.
The Taoiseach did not comment on one of the central points I made, namely, the tendency for sources within the Garda to be in regular contact with certain journalists and put a spin on stories from their point of view, which can often reflect on the character of citizens who may have been involved in particular incidents. There were examples of this recently which gave rise to the danger of people rushing to judgment and impugning the good name of innocent individuals before investigations were completed and judgments arrived at. Gross exaggerations also appeared in the media regarding the nature of incidents that occurred and these later proved to be without basis. The Garda should not be involved in such leaks and the Taoiseach should state this.
The Taoiseach: I inquired as to whether the leak came from officers on duty in the Garda press office on duty at the time of the tragedy or from any of the officers who attended at the scene and I received assurances that it did not. It came from what were referred to as “anonymous sources”. If Deputy Higgins is asking me to condemn such sources, I would be obliged to do so every minute of my life. In this instance, the anonymous sources involved were extremely unhelpful to the O'Toole family and I condemn them. I reiterate that, as I understand it, the leak came from neither those who investigated at the scene of the accident nor from those on duty in the Garda press office when it occurred.