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A NUMBER OF case studies of garda investigations – from the victims’ point of view – were published today in the Garda Inspectorate report.
The eight cases “confirm many of the positives of dealing with gardaí”, according to the authors, but they also raise some concerns.
The inspectorate concluded that the “whole approach to victim care and contact by the Garda Síochána needs to be urgently addressed”.
One of the assault investigations was particularly worrying.
It detailed a crime against a taxi driver who expressed dissatisfaction with the outcome of his complaint.
He had picked up a young male who was drunk. At the end of the journey, the male announced that he had no money, became aggressive and kicked the victim in the chest and damaged the victim’s car.
The victim called for help and gardaí attended and arrested the suspect. Gardaí told the victim that he was lucky not to be more seriously injured.
According to the written case study, the victim was highly satisfied with the first garda that attended the incident.
“He then provided a statement the following day to the same garda and at that time was told that the suspected offender was apologetic and that he had personal problems.
“Following on from that contact, the victim had difficulties in contacting the investigating
garda. Eventually the garda contacted the victim with an offer of compensation from
the suspect and after consideration, the victim agreed to accept this.
“The victim has no idea what happened to the suspect in this case.”
The Inspectorate says it is concerned that an investigating garda “appears to have negotiated a settlement between the victim and the suspected offender”, something which is not allowed under garda policy.
It has not checked up on the specific crime on PULSE in order to protect the anonymity of the victim, who came forward to help with the report.
The report concludes: “It is clear that a crime took place and if a charge or summons was not proffered, then an adult caution is available in appropriate circumstances.
“Garda policy on the Adult Caution Scheme makes it very clear that under no circumstances should members become involved in the negotiating or awarding reparation or compensation.”
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So this taxi driver, who should feel safe in his job, was offered a few quid and accepted it instead of bringing the case before the courts. Nobody I’m sure forced him to take this money. But then has a moan about it a while later claiming to be dissatisfied. I wonder did he return the money in accordance with his dissatisfaction.
It is implied with the use of the word compensation, meaning something, typically money, awarded to someone in recognition of loss, suffering, or injury. The report granted, also doesn’t say under what understanding he receive this money.
My reading of this is the case probably went to court, guilty plea on the first day with compensation in court for the victim, as often happens, the guard then handed over the money, but i believe the article was left purposely vague to incite reactions and comments
It’s not vague to me ……
The Gardai are usually brilliant at sorting problems that taxi drivers face from angry / drunk / sick etc. passengers on a nightly basis and i don’t think that any criticism should be directed towards any Guard that uses his initiative to sort a problem out on the spot. The very LAST thing anyone wants, victim or aggressor is to get caught up in our ‘Judicial Ha Ha !!’ system.
Ha ha your obviously not a taxi driver
Jonathon, you’re obviously not a Psychic or indeed an English Teacher !!!!
Nope but I didn’t claim to be either
Anyone who wants to ‘have their day in court’ should always remember that when they go to court they will always get plenty of Law but not necessarily Justice. I have seen many victims go to court and have found themselves on trial by the offender’s legal team. Not a very pleasant experience!
A Garda using initiative is going to get lambasted for this. I think it’s ok for minor offences but this is going to upset legal types. He broke the rules, he broke those legal rules !!!
Attacking a taxi driver is not minor
The article states that this was a clear breech of AGS’ own policies.
This happens a lot. Some victims of crime are happy with it, some are not. It is difficult to know what the right thing to do is.
Given that a taxi driver takes his life in his hands every night of the week and many are attacked only for the attacker to get off.
It is time that the legal system and Gardai took these attacks more seriously and handed out heavier sentences
Poor legal eagles, got the shirt took off their back in this case.
Pulse not checked to protect anonymity, so case may have gotten to court, victim wasnt called by judge to give evidence and compensation was offered to the court in lieu of a conviction..which has to be directed by a judge. Not a Garda.
Or maybe the copper was beholding to the perpetrator in one way or another and decided to ironically let them pay their way out of their ‘uncharactistic’ thuggish indiscretion…..wouldn’t be the first and certainly won’t be the last example of corrupt, nepotistic non-enforcement of the law!!
Why did he accept the compo then. After a long consideration he took the money. If he want justice why didn’t he say “no ill see him in court”. Now he’s bitching an money after he gets his money and spends it. This carry on annoys me. Not a genuine victim. Sorry!
Things get really amusing when you refuse an adult caution.
If you know yourself to be innocent, and you feel AGS are suggesting you accept an adult caution as a way of “ending the matter”, don’t be afraid to refuse.
Lets just say that an FOI request for PULSE details after an investigation is dropped can reveal more about an investigation than the Gardai say they are investigating. Maurice McCabe referred to “innocent people being set up” and it is arguable that this can happen if cases are not closed properly.
Nobody wants to see Garda time wasted, but in this information age a FOI request can clarify a lot of missing detail.
Form is here: http://www.garda.ie/Documents/User/Data%20Protection%20F20%20-%20Nov%2012.pdf
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