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Updated 22.44
EVEN BEFORE BEING published, the Guerin Report had already brought down a Minister for Justice.
It was exactly 67 days ago that the Cabinet asked senior lawyer Seán Guerin to investigate serious allegations made by garda whistleblower Maurice McCabe about the goings-on in one area.
With so many controversies swirling around An Garda Síochána in recent months – the bugging of GSOC, the fixing of penalty points, garda whistleblowers, the resignation of Garda Commissioner Martin Callinan – it can be easy to lump all of them together as evidence of misconduct or malaise within the force.
However the Guerin Report deals with a very specific set of allegations, centred around one man.
It involves a man who murdered a woman in a Limerick hotel room, and whether or not he should have been out on bail for previous offences that he carried out, including attempting to abduct a 5-year-old girl from her home.
The report looks at whether the gardaí acted inappropriately – or, more seriously, carried out a major cover-up. It also looks at what then-Minister for Justice Alan Shatter knew, when he knew it, and what he did about it.
First things first: who is Sean Guerin?
Seán Guerin is a senior barrister who has a lot of experience in criminal law. He was the prosecuting counsel in the trial of John Dundon for the murder of rugby player Shane Geoghegan in Limerick, among other high profile cases.
Why did the government ask him to write a report?
Earlier this year, Sergeant Maurice McCabe gave a dossier to Fianna Fáil leader Micheál Martin containing allegations about how gardaí had dealt with several cases involving abduction, assault and murder.
The dossier was passed to Taoiseach Enda Kenny, who said that the documents contained “extremely serious allegations of garda misconduct”.
Guerin was given several weeks to carry out an independent investigation to see if there were grounds to establish an official statutory inquiry into what happened.
How big is this report? And who has read it?
The report runs to more than 300 pages. Taoiseach Enda Kenny and former Justice Minister Alan Shatter both received a copy earlier this week ahead of its publication today.
What exactly did Guerin look at?
Guerin was asked to assess the investigative methods that were used by gardaí in the ten sample cases in question. As part of this, he interviewed Sgt Maurice McCabe several times, as well as members of GSOC (the Garda Ombudsman).
Guerin says it was “beyond the scope” of the report to “make any determination of the complaints Sgt McCabe has made”. However he concluded that the allegations were serious enough to warrant an official inquiry.
What are the cases involved?
The most important of the cases revolve around Jerry McGrath, who was convicted for the murder of 33-year-old Sylvia Roche Kelly in a Limerick hotel. The murder happened in December 2007, but McGrath had carried out other crimes earlier that year.
In April 2007, McGrath had attacked taxi driver Mary Lynch after getting her to drive him to what he said was his sister’s house in Cavan.
Lynch told RTE’s Prime Time in February that McGrath had grabbed the keys to her car before seriously assaulting her. “He stood back and started kicking me and then started pulling my hair and he bit me very badly on the shoulder,” she said.
I knew that if he got me out of the car I’d either be raped, murdered or both.
Five months later, while on bail, McGrath tried to abduct a 5-year-old girl from her home in Tipperary in the middle of the night. He was caught by the child’s parents who heard a noise and discovered McGrath on the stairs with the child in his arms.
While in court over the attempted abduction, gardaí failed to raise the fact that McGrath was already on bail for the assault on Mary Lynch, and he was once again released on bail.
Just two months later, while he was still out on bail for this second crime, Jerry McGrath murdered Sylvia Roche-Kelly in the Clarion hotel in Limerick.
The family of Roche-Kelly have said they want answers to what happened, and that they fear another cover-up in relation to how gardaí dealt with Jerry McGrath prior to her murder.
What other cases are involved?
The remaining cases include details of three assaults, one case of falsified garda records, and an incident involving false imprisonment which was not investigated properly, according to Sgt McCabe’s dossier.
When did Maurice McCabe first raise the issue?
Sgt McCabe is believed to have gone to the authorities in May 2008, when he was stationed in Cavan-Monaghan.
When did Alan Shatter find out about the allegations?
Oliver Connolly, who was sacked as the garda confidential recipient earlier this year, said the Minister was made aware of issues around these crimes two years ago. ”Shatter would have read your report in detail, I know he did,” Connolly told Maurice McCabe in a recorded conversation.
What did Alan Shatter say about the report in his resignation letter?
In his resignation letter, Alan Shatter said he had only read three chapters of the report but that it had been enough to prompt his resignation.
However, he also said:
I would, however, be less than honest if I did not also record my concerns and reservations with regard to his [Guerin's] report and, in particular, certain conclusions reached by him.
He noted that there were difficulties with GSOC handing over some documents to Guerin. He also said that he had expected to be interviewed for the report but never was.
“I would have expected, if it was his intention to reach a conclusion or form an opinion with regard to my approach or the extent of my concern with regard to the issues raised by Sgt McCabe, that he would have done so,” he wrote.
What happens next?
Seán Guerin recommends that the allegations should now be the subject of a statutory inquiry. The Cabinet is likely to act soon to set up this inquiry, given the seriousness of the allegations.
The next question will be that given the Minister for Justice has already resigned over the report, whether there will be serious repurcussions for other people who were involved in the cases, including members of An Garda Síochána.
Originally published 12.50pm
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The country owes a big debt to McCabe as they tried to discredit him and the Government just kept backing Shatter. I see Labour are doing much the same to Ming and he at least stands up and speaks out for the people! They must be desperate!
It would appear we also owe Mr. Guerin SC.
Hear hear Paul.
McCabe and Wilson should be recruited to teach in Templemore.
They have made a great difference to the well being of the country and the Guards overall.
If you are a Guard and you are not proud of them then you have the problem, not them.
The Irish people owe them big time.
Good idea Seanie. Why did shatter only read the first 3 chapters. Only interested in seeing how he himself fared? So altruistic of him.
Will someone tell Gilmore it’s been published today.
Or Send it by email to frankfurtsway@gmail.com
Enda Kenny told one of the catering staff in thw Dáil canteen at 1.15pm.
Gilmore went in about 1-30 so it is probable that he heard it from them.
Else he can read it here.
Ah lads. It’s good to see the Irish can be funny in any situation :)
A really useful piece Christine. The focus on Shatter and the implications for the government that may arise have completely distracted everyone from two other important aspects of this story:
1) The questions around the behaviour of Gardaí involved in this case.
2) The impact on the family of the woman murdered in Limerick.
It seems that a statutory inquiry really will be needed. Let’s hope that prosecutions and sackings of those found to have been complicit in the cover-up will also occur.
Cheers Ryan, appreciate it.
Same here. Very well-written.
Thanks Ian.
Some of the Balieboro gardai who were involved in this case have.serious questions to answer. So McGrath was released on bail the day after he setiously beat Mary lynch the taxi driver and when his bail hearing came up in Cavan the gaurds their said there was no point in bringing up from Limerick as it was a waste of resources. Stinks of a cover up. No accountability of course.
Like a rotting banana republic….reeking.
If this report does one thing It proves Beyond all doubt Not alone The Immaturity Of successive Minsters for justice but the Sheer Immaturity of Whole Govts , these new findings must surely put Eamon Gilmore and Enda Kenny’s judgement in question ,
I do get the feeling that this was just an excuse and the real reason was the data commissioner’s finding that the Minister for Justice had broken the law. Shatter quite rightly didn’t want to give Mick Wallace the satisfaction and resigned for another reason.
@paul
Somehow I think that the details in this report are far more damaging than a simple breach of data protection, serious assault, child anduction, murder. Accusations of deep seethed corruption within the national policing service is much more damaging to the citizens of the country than the modesty of the scruffy deputy.
Why did the guards cover up for this lynch creep I’m baffled
An arrogant and dislikeable man but I’d still rather have Shatter involved in some way in the justice department. the reforms he’s been trying to introduce have been needed for an awful long time and he’s leaving behind an enormous portfolio with a vision for reformed legal services in Ireland. Its a terrible shame such vision was placed in a detestable human being who was lacking the basic interpersonal skills to get much of it through. It’s entirely possible someone else will now claim credit for his policies and vision and he has only himself to blame
Are you a solicitor ? If not you need your head severely examined . You actually must be related to shatter . He lied in front of the chamber , how can that be justified? He’s a shamefull minister .
I’m more concerned with policy than I am with scandal and Shatter has been the most prolific and arguably only decent legislator in the current government.
* Personal Insolvency Act – Fixing our broken bankruptcy system
* Court of Appeal – Going to help free up Supreme court to do their actually job of overseeing cases of a significant public interest
* Child protection legislation
* Gambling sector regulation
* Proposed reform of Family Court structure
* Protection of life During Pregnancy Bill which he felt didn’t go far enough, something I happen to agree with
*Children and Family Relationships Bill – opening up adoption to civil partners and outlawing commercial surrogacy amongst other reforms
* Judges pay referendum
He’s also been trying to deregulate the Legal industry and allow solicitors and barristers to act independently something opposed by the law library as it would create to much unwanted competition and drive down prices of legal services.
I’m not solicitor and have no family lies to the legal industry. Whatever you might say about Shatter his legislation has been progressive and has made him no friends in the legal industry or Judiciary
Didn’t know that, fair play Ciaran
Andrew its a strange and kind of sad story. Unpleasant person does great things and has great plans potentially cut short by the fact they’re unpleasant. I don’t have much sympathy for him but I’ll be angry if his portfolio gets dropped now without him there to push the rest of it too. Every IMF and EU report has been begging us to deregulate the legal industry, we finally get someone in justice, with the right balance of experience and F*ck the Establishment attitude to get it done and he goes and blows it with a bloody mickey mouse (in relative terms) scandal. One of the best legislators in government wrapped up in one of the worst politicians
Hear hear. I’ll always remember him for the court of appeal referendum, a long-overdue reform. But this is what happens in a democracy when the public bay for blood…
The Public are right in this case though. He only has himself to blame.
Hope both families sue for what that McGrath creep did whilst on bail where were the lawyers and judges who gave him bail. The whole legal and justice system needs to be overhauled
I cannot fathom why Shatter did not act on the report two years ago and within two weeks of reading it. That is what a minister for Justice is supposed to do; administer the course of justice. He had nothing to lose and the public had all to gain by dealing with the legitimate concerns raised, as they were, not by a Walter Mitty type fantasist but by a highly regarded police officer whom Shatter owed a duty of care towards if not simple respect and common decency. Some things are above politics, reputations, egos and personal ambition. The public’s undoubted confidence in the independence, integrity and commitment of the police force is one. Without such faith in the police the system simply cannot work and miscarriages of justice occur, mismanagement abounds, public confidence is eroded and scapegoating becomes the norm. The new Justice Minister must put a marker down. Corporate governance in the Force needs to be of the highest standard possible even if that means appointing a non-national to lead the organisation. When will Ireland stop getting such important matters so wrong and desist from dealing with such matters in a wholly improper and inappropriate manner before they become a full-blown crisis and instead get back to basics in terms of respect for those entrusted to deal with the law of the land, treat everyone equally under the law as promised in the ConstitutionRant over. Good luck Minister
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