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THE GSOC BUGGING controversy certainly wasn’t the nail in the coffin of Martin Callinan’s Commissioner job, but it was part of an avalanche of scandals that sent him on his way to (un)happy retirement.
And following the publication of retired High Court judge John Cooke’s report, it seems the issues arose not from the technical anomalies discovered back in September/October last year, but from a deeper problem that was brewing for much longer.
It was the “atmosphere of frustration and tension” between GSOC and senior gardaí – including Callinan – that led to allegations of bugging, a “premature” investigation into those claims and a government-commissioned inquiry into reports of unlawful surveillance at the Garda Ombudsman.
Although Cooke could not categorically rule out any possibility of bugging (but, then that would be quite impossible to do in this age of technology), he did say there was no evidence to support assertions that a member or members of the force were behind any surveillance.
At the time of the initial reports earlier this year, Callinan said he was “completely satisfied” that there was no garda involvement in any unauthorised access to equipment.
What didn’t seem to worry him enough then was why GSOC’s immediate reaction was to point the finger (albeit quietly) at him and his men and women.
Instead, he focused on denial and then turned the finger right back on the Ombusdman, asking how a “particular journalist was privy to highly sensitive information concerning high profile investigations being undertaken by GSOC”.
Gardaí were not happy about certain reports ending up in newspapers and they were now ready for a total stand off.
Eventually, the government, through Cooke, had to step in. The school principal, doing his utmost to be fair to the two squabbling children in the playground.
“But, Sir, he did it.”
“She did it first.”
Who was in the wrong then?
Neither party gets off lightly in the report but Cooke offers some excuses, giving them a sort of get-out-of jail card.
When GSOC personnel received the alarming security report from Verrimus, it decided that a garda/gardaí could be involved and, therefore, it needed a statutory framework to investigate. They did this to ensure they had the necessary powers to obtain records from Bitbuzz and Eircom and so any evidence would be admissable.
GSOC launched its investigation in the public interest on 8 October 2013, an action which Cooke describes as “premature”. However, he notes that he has the benefit of additional information and hindsight when coming to this conclusion.
He did say that the information available – even at that stage – did not indicate that an offence had been committed or that disciplinary misbehaviour had occurred.
Nor did it indicate that if the anomalies were to be attributable to third party surveillance or intervention on those GSOC devices, that a member of the Garda Síochána might be responsible.
After that slap on the wrist, Cooke does go to pains to highlight that GSOC were asking in good faith following what seemed like an alarming – but jargon filled – report from security firm Verrimus.
The UK company doesn’t get off scot-free either. Cooke admonishes them for using scary language which could be inaccurately read by non-experts. It seems he blames this uneducated reading for misinformation making it onto the Sunday Times front page on 9 February.
But, really, none of that would have mattered if GSOC weren’t pushed to the brink of paranoia.
What were GSOC’s other options?
Callinan was adamant that his force were not involved in any bugging of GSOC. And, if GSOC, were not inclined to believe this back in October, it would be hard for them to justify going to the Commissioner before disclosing the probe.
Had there been a more convivial relationship between the two entities, could the whole issue of ‘red flags’ and ‘threats’ have been put to bed by the time Santa came knocking?
Cooke believes so. He says that the interpretations placed on the concerns generated by the security sweep were “heavily influenced by the atmosphere of frustration and tension…thus leading to the raising of suspicions which might not otherwise have been acted upon”.
And, furthermore, the officers responsible for commencing the investigation were also the principal members of the Commission personnel who had been involved in events in 2012 and 2013 which contributed to the sour relations and distrust.
The three officers explained the “serious deterioration” in relations to Cooke, noting that they encountered delay, obstruction and refusals on the part of gardaí to provide access to documents for important cases.
“We’ll tell you what you can get and when you can get it,” was the garda remark quoted back to highlight the attitude towards the Ombudsman’s investigative and watchdog role.
Suspicions were so great at this time that two officers believed their mobile phones were the target of “ambient listening” surveillance because their batteries were depleting within two hours of charging.
It was in this circus of mistrust and distrust that they withheld the information about the probe from both the Minister for Justice and the Commissioner, despite an obligation to report it.
The details were eventually furnished to Alan Shatter on 13 February – notably after the Sunday Times article. Martin Callinan never got that report in writing. According to evidence, the Commission always worked off the premise that the requirement could be met verbally – and this is how they gave the Commissioner the information.
A futile inquiry?
There could be much more that both GSOC and the Garda Síochána could take from this report – not about the dangers of 21st century bugging and surveillance techniques – but on how it is absolutely necessary that they begin building bridges and mending fences.
But, those potential learnings have all been overshadowed by other events.
Cooke had been invited to make “more general recommendations” as part of the inquiry’s terms of reference, but he notes that this proposal “may perhaps have been superseded” since the inquiry’s establishment.
The government has already announced that legislation will be introduced to establish a new police authority. This will, inevitably, revise the roles and relationship of GSOC, the Garda Commissioner and the Minister.
Not only that, but the two men with the most to learn about handling these sensitive relations – Callinan and Shatter – have fled the scene, retired and resigned to the family home and the backbenches.
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Sinead maybe we got to this point because GSOC assume that the Guards are automatically guilty of something even though there is no evidence to show something happened except their own over active imagination. Your interpretation of the report brings your own journalistic abilities into question. The one person who has most to learn from this report is the head of GSOC and if he had any conscience he would resign over the embarrassment…. Unless you prefer to believe that the Guards have recruited James Bond and James Bourne. Which is far more credible than some if the stuff that GSOC came up with.
Think your right add to it not seeming to have any competence in investigating things. Im all for reforms but I think the current shower are no good they all need to go. If they want experience they should hire current or retired police from here or abroad who actually know police work and know how to target unacceptable practices. As it is they are embarrassingly amateur and it always seems to come across. Be it storming inquest demanding adjournments to bringing guards to court for correctly using pepper spray. Problem is they have a huge offoce building have to justify existence in a small police force rated among the best in world. I think they went shark fishing and ended up with sardines
We got here because of garda corruption in the form of Kieran Boylan, and guess what, it’s still not sorted, we don’t know how or why Boylan was let bring in lorry loads of drugs with the cooperation of the guards
Would love to know the real reason Mr Callinan was asked to exit stage left
A lot of guardssss giving the old red thumb, get off the computer and get out and do some work,
Pipe down you angry little man. More than likely its people with their head screwed on giving you the red thumbs.
the red thumbs gang from the station/car are on its time truth had a meaning in policing
The red thumbs are from putting ketchup on their breakfast rolls.
We got here because of incompetence , arrogance, and paranoid , deluded , GSOC officials, lazy journalists, and TD’s, , who saw this as a means to enhance their profile , rather than doing the work for their constituents that they were elected to do. Now all the clowns on here, the chuckkys and the wannabee chuckkys , are disappointed , their dreams shattered, ( no pun intended) and at a loss to know what to do except maybe take the path Simon O Brien has and bury their heads in the sand , leaving only muffled sounds of ” I was right, I was right,” move along boys , you were wrong.
It is very simple folks… there is no evidence that anyone put GSOC under surveillance. Judge Cooke, came to this conclusion using the same criteria / principles that he has used as a Judge namely is there evidence to prove surveillance – His answer – No. If the State (DPP) tried to secure a conviction in any trial on the basis of ‘possibilities’ or ‘we know he/she did it but can’t prove it’, their case would be thrown out of Court and rightly so! The same principle applies here…no proof, no case…matter concluded.
GSOC was neutered from the very start and this situation need to be remedied immediately, the agency needs to be given substantially increased powers in line with best practice. Look at how the Ombudsman for the PSNI operates!
I cannot blame GSOC for surmising that AGS were responsible for what were perceived as credible bugging threat to their premises. GSOC’s sole function is oversight of AGS and if anyone was to bug them the AGS are the only credible suspects!
Good man Frankie , you are a true saviour of our little nation, reward incompetence by giving the incompetent more power to be even more incompetent , then when faced with the facts of their incompetence , you agree with them, pick a deluded notion devoid of evidence, and point the finger, they are some shower to be tasked with investigating anyone.
“We got here all because GSOC and the Gardai couldn’t get on with each other”-
The Garda ombusman was set up as an idependent, impartial adjudicator. It’s remit never intended that it get on with the Gardai, if anything it entailed the fundimential opposite.
We got here because Callinan prized loyalty over the truth, aided and abetted by our former Minister for Justice who then perverted the law he was supposed to uphold, by using information given to him to score a political point on live television. GSOC is supped to be that to investigate the Gardai – not to “get on” with them.
One law for them and ………..
The GSOC report is a whitewash. The judge condemns GSOC for pointing the finger at the Gardai yet……….
1. minimises the phone bugging as an “anomaly” and didn’t recommend further investigation.
2. Believes that surveillance was in all probability carried out but suggests that the surveillance was on the security company and not on GSOC…..without any backing evidence.
This report is an utter disgrace.
tinker taylor @ the truth will out but the con goes on
Why don’t ye apply for positions with GSOC so lads? Show them how it’s done and stop being hurlers on the ditch.
Until then, the constant whinings about not getting the results you want and the vindication of your fantasies that seem so utterly craved are nothing but sources of annoyance or amusement to the non tinfoil hat wearing members of society.
I would be more worried if GSOC and the garda got along. At least we can reasonable assume that complaints against garda will be investigated properly. And appropriate action taken when needed.
Been a garda is NOT an easy job. Especially when you see some of what and who they have to deal with.
But As much as many garda would like to think every garda is perfectly suited to been a garda their not. Every barred has rotten apples and they need to be got rid of.
I can only surmise this page is overrun by Garda Bots because I cannot come up with any other reason to explain the number of Red Thumbs on reasonable posts in support of GSOC!
That’s because you are an unreasonable person, a reasonable person would understand from the report, what was blindingly obvious to all from the start , no bugging , just deluded , people, deluding people like you.
have your say