McDowell ducks key issues at GRA conference

The Garda Representative Association's opposition to proper disciplinary procedures continues to threaten discipline within the force and ultimately could lead to 'disaster'. By Vincent Browne

Michael McDowell went to the annual conference of the Garda Representative Body (GRA) on Wednesday 27 April and confronted the Prison Officers Association. No mention of the scathing comments of the Morris Tribunal on the GRA, no mention of the GRA's dismissal of his own proposals to establish an independent Inspectorate which would report directly to the Minister for Justice, Equality and Law Reform on Garda performance, no mention of the culture of silence on wrong-doing within the force and the tradition of obstructing internal Garda disciplinary enquiries.

The Minister also avoided a key issue arising from Judge Morris's report: the recommendation that refusal to account for any action or inaction in the course of their duties, on being asked by a superior, be a grave disciplinary matter. This was a key recommendation of the Morris Tribunal. However the GRA and other representative associations within the Garda Síochána are opposed to this and nothing has happened.

The issue of discipline is a central to the report's findings. The report stated: "Ultimately, the gradual erosion of discipline within An Garda Síochána is a developing situation that will, sooner or later, lead to disaster" (13.102).

The Tribunal urged a change in the disciplinary regulations but because of opposition from the Garda representative associations and an apparent general indifference within the leadership of the force and the Department of Justice, Equality and Law Reform, nothing has been done. This, in spite of the alarming observation of the report on how this could lead, sooner or later, to "disaster".

Michael McDowell did however mention the Morris Tribunal report. He said the findings were "deeply disturbing" but immediately offered reassurance: there was to be no question of gardaí against whom findings had been made losing their pension rights.

The Morris Tribunal report took issue with the concept of An Garda Síochána offered in evidence by the General Secretary of the Garda Representative Association, P J Stone. It said his view "of the purpose and role of a police force in a modern state" was not "in any way tenable". It went on to note: "Garda Stone claimed in evidence that the Garda Representative Association took the attitude that when a member of the force was asked to account for his or her duties, they were encouraged by the Garda Representative Association to give such an account. The Tribunal rejects this evidence as contrary to its experience.

"A fair representation of the attitude which the Carty inquiry team (a team under Assistant Commissioner Kevin Carty appointed to conduct an internal Garda investigation into misconduct on the part of gardaí in Donegal) met and which the Tribunal met as well, is illustrated by (an) exchange between Garda Martin Leonard and counsel."

Garda Leonard was an official of the GRA in Donegal at the time of the Carty investigation and he stated in evidence that a garda, when asked to account for his actions or inactions, "does not have to respond". He said: "I would say the rights of Garda would be paramount, the rights, as far as I am concerned, that is what I am there for (as an office-holder of the GRA)".

An issue involving the welfare and safety of a member of An Garda Síochána arose in the course of the Tribunal's enquires which seems not to have attracted the attention of the GRA, although the basic rights of one of its members were very much involved. This relates to what has become known as the "gun incident" and the garda concerned was Garda Seamus Gordon.

The incident arose from the discovery by uniformed gardaí of a tripod in the possession of the alleged IRA informer, Adrienne McGlinchey (McGlinchey was never an IRA informer but she was presented as such by two gardaí in Donegal, Superintendent Kevin Lennon and Detective Garda Noel McMahon).

Subsequent to this discovery, Detective Garda Noel McMahon and Inspector (as he was then) Lennon came into the day room of Buncrana Garda station. The Tribunal's account of what happened is as follows:

"The Tribunal is satisfied that Detective Garda McMahon was concerned about who would take care of the object and suggested in a positive way that he would do so. This turned the discussion into an argument: the issue was as to whether he and Inspector Lennon would 'deal with it'. The idea was that the ballistics section in Dublin would examine the item in order to give a view on it. Members of Uniform Branch felt that they should take whatever credit was due to this find, something to which exception was taken by Detective Garda Noel McMahon.

"According to those present, the evidence from whom the Tribunal accepts, Detective Garda McMahon then drew his standard issue revolver from his holster and pointed it straight at Garda Gordon's face. Garda Michael Galvin described the scene as follows:

I remember distinctly Detective Garda McMahon's thumb up around the... hammer area. I have heard evidence already that the weapon was cocked on three occasions but I cannot say for sure. I have no recollection of the gun being cocked, I remember the gun being pointed and Detective McMahon holding the gun in the position with his thumb up around the hammer area and that lasted for approximately, I would say, at least twenty seconds. And I remember then... Inspector Lennon, who had his back to the wall and was to the left of Garda Gordon, clearly saying, "put that gun away Mac" and Detective Garda McMahon put the gun away and reholstered the gun... I was actually stunned by what happened... at the time. I don't believe I considered it a prank. I have heard... from Detective Garda McMahon's counsel, that he regarded it as a prank and it's well known in the station that Detective Garda McMahon would have been a bit of a prankster but at that time, I can't say what was on his mind.

"Garda Gordon described being in a situation where he, to use his own words, 'froze'. He also described that Detective Garda McMahon cocked the hammer and then released it under the control of his thumb on a number of occasions. The result of cocking the hammer was that a slight pressure on the trigger mechanism would have caused the gun to go off with lethal effect. The Tribunal accepts this evidence. It is hard to overstate the nature of the breakdown in morale that could have precipitated such an incident."

No report was made of this incident. No complaint was made about Noel McMahon's conduct to his superior officers in Donegal, aside from Inspector Lennon who was present when it occurred. No disciplinary action resulted. The GRA made no representations on behalf of its member, Garda Seamus Gordon, who had been subject to this ordeal.

In an explanation for Detective Garda McMahon's conduct the Tribunal notes: "It... was of the utmost importance to (him) that the (tripod) should not be brought to the attention of the Garda authorities at Headquarters because thereby its origin might be revealed" (the tripod was part of a charade involving Noel McMahon and Kevin Lennon, in conjunction with Adrienne McGlinchey, whereby fake "discoveries" of explosives and munitions would take place in circumstances that brought credit and recognition to the two gardaí involved).

Detective Garda Noel McMahon resigned from An Garda Síochána following the publication of the Morris Tribunal report. No prosecution has been instituted against him for any of the activities in which he and Superintendent Lennon were found to have engaged. Neither has any prosecution been instituted arising from the "gun incident".p