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THE O’HIGGINS REPORT is a 362 page document that highlights “serious flaws” in how gardaí dealt with crimes in the Cavan/Monaghan region.
It points to problems with garda management, resources and procedures that, at their heart, have real world consequences.
The report examines some of those victims who were not properly served by gardaí.
The most serious and widely reported case investigated is that of Sylvia Roche Kelly who was murdered by Jerry McGrath. McGrath was on bail for a serious assault and the attempted abduction of a child when the murder took place.
The tragic details of this case are explained in detail here:
The case began when driver Mary Lynch was seriously assaulted after picking up McGrath as a passenger in Kells, Co Meath. He was charged with assault rather than the more serious charge of assault causing harm.
He was then granted bail.
When he returned to his native Tipperary, McGrath attempted to abduct a five-year-old girl after he broke into a house armed with a hurley.
He was charged over this incident but was again released on bail.
It was while he was on bail for these two charges that he brutally murdered Sylvia Roche Kelly.
O’Higgins findings
The report comes to the conclusion that the investigation into the assault of Mary Lynch was,
characterised by delay and lack of effective supervision of the investigating member.
It also found that she was not afforded the opportunity to be present when the matter was dealt with in court.
Addressing garda actions in McGrath being released on bail by the court following the attempted abduction, the report found that,
bail was objected to in strenuous terms by the gardaí in Tipperary.
It found that the approach from gardaí in Tipperary was therefore “a reasoned and considered one”.
The report adds:
However, this does not excuse the original misclassification of the Virginia assault and the lamentable failure to communicate effectively within An Garda Síochána to ensure that accurate and relevant information is shared.
This case relates to a public order incident and possible sexual assault on a bus in Kingscourt, Co Cavan.
The driver of the bus, Lorraine Browne, reported to gardaí that a number of men had been misbehaving on the minibus and may have assaulted another unknown girl on board.
Speaking to gardaí, Browne had stated that,
when the girl was getting off, the biggest lad grabbed her arse. Her boyfriend turned around and said ‘how dare you mate.’
A report into the investigation found that this was prima facie evidence of a sexual assault and that the complaint should have been investigated even in the absence of identifying the victim.
The cases was decided when the woman was compensated for loss of earnings to the tune of €150.
She rejected the offer of compensation at first but was persuaded to accept it by Garda Fearghal McCarthy at Bailieboro Garda Station.
When she attended the garda station, she was handed a brown envelope containing €150 and a note of apology written on paper that had been torn out of a notebook.
She then signed a statement withdrawing her complaint.
O’Higgins findings
The O’Higgins Report found that the driver had undergone a “harrowing experience” but that the matter was not dealt with in a competent and professional manner.
This incident related to an assault that occurred outside a nightclub at the Lakeside Manor Hotel.
The victim Charles McMahon suffered facial injuries during the assault. A man was charged with assault causing harm but was later acquitted.
A report into the investigation found that it was not carried out in a timely and professional manner by Garda Padraig Naughton.
There were delays in interviewing witnesses that were “either neglect of duty or inexperience”.
The most serious breach was found to be during an interview with the accused when,
Garda Naughton falsely told him that he had seen CCTV footage of him striking the injured party.
O’Higgins findings
The O’Higgins Report found that the investigation of the incident was “categorised by delay and error”
It concluded that Garda Naughton was given,
virtually no guidance from his supervisory sergeants as to how to further the investigation.
It also found that the unprofessional manner of the interview process was used “quite properly” during the trial to “undermine the prosecution case”.
This relates to an incident of assault and false imprisonment of a girl in Cootehill, Co. Cavan.
The 17-year-old was walking home at about 6am in the morning when she was grabbed from behind across the mouth by a man dressed in black. She told gardaí that she recognised him from the area and that he was a foreign national from Eastern Europe.
She said that she struggled free and ran away, meeting up with friends she’d been with earlier in the evening.
When the suspect was identified four months later he was arrested and questioned in Bailieboro Garda Station with the assistance of an interpreter.
The interview lasted for just 22 minutes and no prosecution was forthcoming.
An examination of the investigation found a number of criticisms including that:
O’Higgins findings
The O’Higgins Report concluded that the victim was not well served by the investigation. It made particular reference to the lack of an identification parade and the poor quality of interview.
It adds:
The legal basis for the arrest and detention of the suspect is very doubtful. This could have had serious consequences in the event of a prosecution.
The report can be accessed in full here >
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He has been found alive
@Peter Conroy: This could all have been avoided if he wasn’t wearing Healy Ray-Bans, that have terrible blinkered vision and white wash everything.
@KingCrisp: that is the dumbest most irrelevant comment I’ve ever read.
@Mairtin Antaine O Conaill: Watch out for that humour that’s flown over your head.
Hope they’re found safe!!
Likely in a drysuit or wetsuit and sea not too cold yet. Hopefully a good outcome.
@Chemical Brothers: .alarm raised at 5 ,already dark by then and the weather is not the greatest .It’s a worrying time .
@Siobhán Ni Mhurchú: great news he’s been found safe and well.
@Chemical Brothers: ehhhh sea is sub 10 degrees this time of year…
@Sinead Merrigan: You are wrong MET Buoy M3 currently 12.5 degrees C.
@Sinead Merrigan: if the seawater was -10C he would have had a nice stroll home on the ice.
@Paul O’b: sub 10 means UNDER 10 Paul, NOT -10
@Chemical Brothers: not much different in terms of hypothermia, maybe a minute or two extra to suffer.
@Chemical Brothers: yep, not too bad for this time of year and about the same it was in June and July in most parts
Amazing result, he kitesurfed all the way from Kerry to Claire, this is a first.
@Adolf Galland: would have been good to have told someone of his plan of the trip was intentional
Save a lot of hassle
@Quentin Moriarty: This wasn’t a planned trip across the Shannon estuary. He got caught in the currant and him being an experienced kite surfer he went with the current instead of fighting it. He’s a very lucky man to be alive this morning.
@Mike Flavin: would their be many currants in the sea?
@Seriously stunned: *there. Oh the irony
@Adolf Galland: why would they bother considering the stress they put on reduce teams. Disgraceful behaviour just so can have something to talk about over tinnies with the buddies
@Mike Flavin: IF the trip was intentional which it couldn’t have been as only a donkey would try to travel to Clare with light fading
@Adolf Galland: yes, Claire, was in the boat
@Mike Flavin: he washed up on bun na carraige
Lucky lucky lucky
Superb news
Thank the Lord and may the wind be always at your back !
So glad he is safe
Travelled across the mouth of the Shannon
Kerry to Clare
@Quentin Moriarty: around loop head and up the coast. Amazing to hear he made it ashore.
Hell of a ride at 25 miles.
He went out around Loop Head so ?
Back to miles now are we?
Stick to skateboarding in Future is my advice…
@P Block Loftus road: If he’d have been skateboarding he’d have definitely drowned.
That’s an adventure for sure, good man for staying calm.
Kitesurfer not windsurfer….
This should be turned into Supersurfer Event. Ballybunion to Kilkeel but in good weather with a southerly wind
Remarkable that he could not get inshore before Kilkee
@WoodlandBard: kilkee to Loop head is nothing but steep cliffs for the majority of it
As usual people with no brains go out to stupid weather and then put the RNLI at risk having to save them
@Laurence O Neill: it wasn’t out in stupid weather and it was he’s brain that kept him alive. He’s an experienced man that knew how to handle the situation that he got into.
@Laurence O Neill:
Just hope you or yours never need help from a judgemental rescue team!
All ways let someone know when YOU are IN water
have your say