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THE FINAL REPORT of the O’Higgins Commission of Investigation into ‘Certain Matters relative to the Cavan/Monaghan Division of An Garda Siochana’ runs to 362 pages – including appendices.
In relative terms it is a short report consisting of 14 chapters.
In absolute terms, it is a shocking indictment of the management and leadership and oversight of An Garda Síochána.
The report has been leaked and selectively reported upon for the last number of days in our national media.
Many journalists and commentators have focused on the implications of the report for former Minister Alan Shatter and former Garda Commissioner Martin Callinan.
This is understandable given the high news value attaching to the ongoing political drama associated with their respective resignations and retirements.
The O’Higgins report however is a far more significant document in terms of what it tells us about the administration of justice and the culture of policing in one division within the Irish Republic.
Justice O’Higgins conducted his investigation over 34 days – hearing the evidence of 97 witnesses. The narrow scope of the enquiry was set out by Taoiseach Enda Kenny in Statutory Instrument, No. 38 of 2015.
Confined by SI No. 38 in terms of the range and scope of his enquiry, Justice O’Higgins, to coin a phrase, did ‘exactly what it says on the tin’ and conducted a forensic scrutiny of 10 samples of the investigative conduct of members of An Garda Síochána within the Cavan/Monaghan Division and at more senior levels within the force.
The cases ranged from public order offences to assault, allegations of child pornography to attempts at child abduction and murder.
Consistent with the explicit recommendations of the Guerin Report – compiled by Senior Counsel, Sean Guerin – O’Higgins also reviewed the allegations of serious misconduct and incompetence among investigating Gardai raised by whistleblower, Sergeant Maurice McCabe.
The report makes for sobering reading.
Its findings are bleak and highlight a chaotic culture of astonishing misconduct and incompetence at many levels within the force.
In my view, it speaks of a demoralised and under-resourced organisation.
Within the 14 chapters of the report, there are 11 significant sets of conclusions.
The conclusions drawn are stark and repetitive.
Phrases such as ‘the investigation was characterised by delay and error’ are interspersed with observations such as investigations marred by ‘delay and lack of effective supervision’.
Time and time again, the commission finds that victims of serious crime and ordinary members of the public were simply not served by An Garda Síochána.
Examples of O’Higgin’s frank, disturbing and wearyingly repetitive findings include the following.
Ms Browne underwent a harrowing experience and was entitled to have the matter dealt with competently and professionally by the gardaí. Unfortunately, as is evident from the finding of the commission set out above, her legitimate expectations in this regard were not met.
In another case, at conclusion 7.93, the commission observes: “Ms Cafolla was not served well by an Garda Siochana.”
Other comments include: “The victim was not well served in this investigation.”
With regard to the specific recommendations for investigation raised by Senior Counsel Sean Guerin around the concerns raised by Sergeant Maurice McCabe, the report states at one point that “the commission is left with the impression that there was a reluctance to deal with the complaint of Sergeant McCabe on its merits”.
Indeed, in the preface to the report, Justice O’Higgins makes specific reference to the level of cooperation given by gardaí.
At paragraph IX he states, “The commission is pleased to acknowledge the cooperation it received from all persons. However, the compliance with the obligation of making discovery by the gardaí was unsatisfactory.
The commission accepted the apology of the Commissioner for this… However, the manner in which such cooperation manifested itself was, on occasion, quite inadequate – the Commission expected better from An Garda Síochána.
On a positive note, the O’Higgins report certainly vindicates two particular individuals.
First and foremost, it thoroughly and unambiguously endorses garda whistleblower Maurice McCabe. In a summative assessment of Sergeant McCabe, the report states the following:
Some people, wrongly and unfairly, cast aspersions on Sergeant McCabe’s motives; others were ambivalent about them. Sergeant McCabe acted out of genuine and legitimate concerns, and the commission unreservedly accepts his bona fides.
Sergeant McCabe has shown courage, and performed a genuine public service at considerable personal cost. For this he is due the gratitude, not only of the general public, but also of An Garda Síochána.
While some of his complaints have not been upheld by this commission, Sergeant McCabe is a man of integrity, whom the public can trust in the exercise of his duties.
Oddly, and disappointingly, this executive summary of Sergeant McCabe’s service to the state has gone unreported and unremarked by many journalists.
The findings of the report also clearly vindicate Senior Counsel Sean Guerin’s recommendation of a commission of enquiry into the serious allegations of garda misconduct and incompetence raised by Sergeant McCabe.
O’Higgins observes in his final conclusion that “the examination of the commission of the issues of management and resources showed that there were problems at many levels”.
The findings of the O’Higgins report do not speak of a culture of ‘corruption’ within an Garda Síochána but they do speak of endemic, systemic and systematic failures of supervision, leadership and oversight within.
This is not the fault of individual gardaí and officers within the organisation. The issues raised in the O’Higgins report have been raised repeatedly by all of the garda representative organisations in the last number of years.
What we need now is a root and branch audit – similar to the O’Higgins report – of all garda divisions within the Republic.
By prompting this commission of investigation, both Maurice McCabe and Sean Guerin have both done the state some considerable service.
In the meantime, some apologies are in order. And they aren’t the ones you’ve heard about.
Many victims of serious crime are owed an apology from the Minister for Justice arising from the report’s findings.
In turn, all Irish citizens – and An Garda Síochána itself – are owed the type of investment in policing and the independent oversight of the administration of justice that is enjoyed in other member states of the European Union.
Dr Tom Clonan is a former Captain in the Irish armed forces. He is a security analyst and academic, lecturing in the School of Media in DIT. You can follow him on Twitter here.
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Not one will be held accountable, and there’s the problem.
Has anyone ever really been held accountable after all the time and money wasted on these reports?
Sad thing really is that by nobody being held accountable all are guilty by association. The good Gardai doing Trojan work are dragged down with the rest of the shisters!!
Here we go again. Morris, Barr, Smethwick, O Higgins, Garda Inspectorate, Guerin and many, many victims have pointed the finger in the right direction – Garda management not fit for purpose – only for the govt to do the three monkeys. Nothing has or will change.
Selective reporting by media.. Is it only of late that people understand how selective our media is lol..
Nothing can change until garda are promoted by merit and hard work many exelent garda are overlooked for promotion because they do not tow the party line or are not willing to drop bona fida cases against friends of friends within the force or indeed friends of polititans or polititans themselves it is a corupt private club young garda are demoralised very soon after joining what they thought was a modern fair force most just fall into line with the status que and plod along until is time to draw the pension enormous credit is due to the whistle blowers many more are needed polititans have no buisness approving senior promotions it equals coruption theres no other reason for it
Dude! Ireland has always been like this! Some Gardai I know make Tony Suprano look tame. They behaved like mafia God Fathers in rural Ireland for decades and got away with it. Gangsters. The only thing they have never done is released rap music.
‘ selectively reported on by our media’ this is a trademark of the Journal.
Actually I’d say it’s a trade mark of most of the main stream media in Ireland.
Time to get a new Commissioner from outside the country, the one we have is a purely political appointee put there to do the government’s bidding.
That’s the last thing we need – another clown from the Met like the head of GSOC who imagined he was being bugged.
@James Gorman,
GSOC was bugged all right, you need to go to the chemist and get yourself a healthy dose of scepticism.
Just because he is paranoid does not mean the Gardai were not out to destroy him.!
Past Governments have within all quarters of society have persuade a policy of optics over substance. Maybe The Garda are a structure beyond reform, perhaps then splitting it into an investigative force and a civil management force would break the monopoly of self interests that obviously at the root of all this.. But give we still have a government of soundbites and optics will anything really change..
Pursued *
Another one of Mr Clonan’s forensic articles. He appears to be the expert. Now I would suggest that he is being very selective in his article. Everything he says is a condemnation of An GardaSioshana. In fairness to him, the only positive thing that any fair minded person could take out of it is his assertion that the Gardai are underfunded and demoralised. Mr. Clonan has not mentioned that McCabe came in for a lot of criticism for exaggerating things and making false complaints against members, an Assistant Commissioner, a Chief Supt. , a Supt. and an Inspector, all found to be untrue. As I have said before McCabe was Sergeant In Charge there, therefore totally responsible for everything that went on there. He should see every file, and see to it that crimes were properly investigated, and that includes mentoring and coaching probationers. He should know that the quality of files going through his office are of the highest quality. As stated, those officers complained of are entitled to their good names also. One would think that all Gardai are not doing the job correct after reading this. Many, many investigations are going on continuously every day all over the country, and convictions are got because of the good work of the vast majority of members. There will always be a few who let the side down, but they are a very small minority. In the Baileboro case it appears that probationers were hung out to dry, because of lack of assistance, supervision and manpower.
Couldn’t agree more Eugene – Clonan comes across as a disaffected employee much same as McCabe and Wilson. I would love to know were they fighting with management throughout their careers and is a lot of their ‘public service’ here more to do with damaging their employers.
Eugene…that seems fair.
the only person singled out for negative reporting was the whistleblower, he was given a back handed compliment however the media focused on the negative side of his character report which was never explained in full. note how except for shatter and callinan (who got glowing reports) no other individual has been singled out
Eh Tom… I think you are guilty yourself of selective reporting. I find Alan Shatter to be somewhat arrogant but this report does clear him of incorrect handling in some ways. Apart from your intro you don’t mention that. Just to be fair as that is the argument you are putting forward. McCabe is a genuine hero for standing up to this corruption in my opinion.
The rank and file would want the FBI to do the reports and any suggested additional training and procedures to be implemented be monitored by outside the Irish legal system. They need to recruit from outside the GAA and family members to begin with. Just look at who is promoted and see the moral drop instantly. It’s not transparent and not supported by government. Nobody trusts the top ranks in the force not even the Gardai on the ground. Family are promoted because of who they are related to not on merit. It kills moral.
Keep them demoralised, under resourced, give them a corrupt management, align it with a corrupt judiciary, and the force can easily be turned into a political one.
The Gardai have lost all sight of what they are there for, what their purpose in society is, what their responsibilities to those they purport to serve are.
And the government are happy.
The result of the Seanad election should be an indication to Mr. Clonan of how people feel about his narrow and biased opinions. He is always selective. To put the Thing in perspective – instead of McCabe doing his job and supervising the junior Gardai, he created a toxic atmosphere in the station by monitoring every case and he eventually found 8 out of probably hundreds of cases over the two years. He had a problem with his boss and exaggerated every incident. Because Shatter was getting to grips with the Legal services, McDowell took up the cases and with the help of Michael Martin, they blew the whole thing at enormous cost in time and money to the State. The least McCabe should do is apologise to Callinan.
A report designed to minimise damage, praise McCabe( thus keeping him happy) and limit the victims of crimes ability to sue for damages. No doubt signed off by the powers that be as a soft landing to an absolute national disgrace.
The author did say the article is about what MSM have conveniently left out.
@ Eugene
Many people support the Gardai. That’s Gardai not inspectors, supers right up to Commissioner. As long as people are promoted to top jobs due to who they know not what they know it won’t change. You say McCabe should have been responsible for every file… Get real. Many junior new Gardai went there and worked under loads of different supervisors in short time. In essence those promoted where sent there to do their “time” before heading to their preferred working stations.
Maybe your selective in your comments and should talk to the Gardai there or read the full report.
Sean Murphy you have no idea how the Gardai work. McCabe was I/C of that station, he had a few Sergeants under him as well as about say 14/16 Gardai. He was in charge. A good Seargent kept a tight rein on his ship. It was his responsibility to ensure that the recruits were getting proper help and supervision. I ask the question, was McCabe capable of taking charge of a District HQ. ? . We need more answers, were the Unit Sergeants interviewed, were the older Gardai interviewed. Were the retired Gardai interviewed. All those people who served in that station during this mans period as I/C should have been interviewed. I think that the terms of reference were too restricted. There is a lot more not coming out , in my estimation, because the investigation was too restrictive.
It’s like the Lisbon treaty – keep going , reporting in this case till we get the answer we want – in this case clear shatter and Callinan – is so obvious they are both corrupt, and all the top brass but someone on “their” side was organised to do a “report” to clear them it’s sickening.
Mc Cabe & Wilson ,,,,,,, ah I better not say what I think I want to say. Pair of beauts.
But sure look, at recent Garda conferences and the heavy media reporting of same I don’t remember much talk of ‘root and branch reform’ or mismanagement etc. There was lots of talk about more pay though. There was also talk about more gardai being needed but this will only be permitted if there is more pay, 32% increase for ‘restoration’ of pay. There should be a complete root and branch reform and the force should be whipped into shape before there is any talk of increases of 32% whether it be termed pay ‘restoration’ or not. A value for money exercise should also be conducted. Basic pay should certainly be addressed for new recruits but all a full review of all allowances and overtime expenditure is require. Get new recruits in, equip them properly and make garda management accountable. Mismanagement should not be rewarded with pay increases, desk jobs, gold plated pensions and early retirement no matter what the GRA say.
Disgusting…
WHITEWASH
A certain major media outlet is guilty of `selective reporting` in relation to the O`Higgins report, everyone knows who I`m referring to and the journalist(s) involved.
All institutions are corrupt ? many promotions across the board in different sectors are political and not granted on actual merit? The cover ups etc are not confined to gardai. My guess is,if many organisations were investigated the findings would be shocking and the failings would be around politics and corruption. Honesty and hard work prove to rarely be rewarded in this country.
@michelle, its a wonder no journalist has not carried out an aduit of all gov funded organisations and count up the amount of political associates now heading them or board members
DDDA, CIE, BORD NA MONA for example
crc and rehab as everyone knows by now were retirement homes for senior political memebers using a gentleman’s agreement by ff and fg.
the cops in this country need more than 6 months training, from farm to table, tradesmen do more “training” than that , at best its a short FAS course
To James and the very senior cop who imagined he was bugging the GSOC offices retired with the commissioner soon followed with their full pensions o course
Well Well, its abit like the reports from the UN…
Any chance of Tom doing a report about them or does this go against his morals ?
The Irish media has long since abandoned any pretense of being a check on the powers that be. We end up having to rely on foreign owned press like the Sunday Times for that.
Only 39% in a recent international poll trusted the press. That in itself is surprisingly high and worryingly so.,
The 39% figure was for Ireland.
There always has been a culture of corruption within the Gardai. As a teenager growing in Ireland during the 80s one could do as one pleased if your daddy and mummy were wealthy. My aunt was killed by a drunk driver and for some strange reason he was never charged. When there is a culture of corruption it does not disappear over night.
GUBU
Gardai
Unaccountable management
Biased reporting
Under-resourcing
“Justice O’Higgins conducted his investigation over 34 days”.
We don’t have Justices in this jurisdiction. The man’s title is Mr. Justice Kevin O’Higgins or Mr. Justice O’Higgins or Judge O’Higgins if you need to be brief. You must be looking at too many American TV court dramas.
There was a time in Ireland when Judges of the District Court were referred to as “Justice” but that was changed many years ago.
Mc Cabe for Chief Super job.
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