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GSOC released its 2023 annual report today. Alamy Stock Photo

Garda sanctioned for inappropriate relationship with domestic abuse victim, GSOC annual report shows

GSOC’s annual report shows that it sent 40 files to the Director of Public Prosecutions last year, arising from GSOC conducting criminal investigations into members.

A GARDA WAS found in breach of discipline and was sanctioned after a GSOC investigation determined that the Garda had engaged in an inappropriate sexual relationship with a victim of domestic abuse. 

The sanction imposed by a Garda Board of Inquiry on the Garda member on foot of the investigation by the Garda Siochana Ombudsman Commission (GSOC) is one case study highlighted in the 2023 GSOC annual report.

The report separately discloses how GSOC sent a total of 40 files to the Director of Public Prosecutions (DPP) in 2023 arising from GSOC conducting criminal investigations into members.

The report states that in 2023, the DPP directed no prosecution in relation to 25 investigations, and this related to 22 files submitted by GSOC in 2023 and three files submitted in 2022.

The report states that the DPP directed the prosecution of 11 offences arising from eight files submitted to the DPP in 2023 and three files in 2022.

The report states that a further 10 directions were pending from the DPP in relation to files sent in 2023. 

The annual report provides a breakdown of offences where the DPP has directed prosecution.

These include one case where a Garda is facing two counts of harassment; another facing one count of sexual assault; another case where a Garda member is facing three counts of assault causing harm and another Garda member is accused of perverting the course of justice.

In another two cases, two Garda are facing assault causing harm while another Garda is facing four counts of dangerous driving.

Criminal cases

On criminal cases decided in 2023, the report states that seven cases were completed and of these seven cases, four cases were dismissed.

In two other cases there were acquittals and in one case the accused was ordered to make a charitable donation. 

At the end of 2023, the report states that Gardai were facing charges in the courts in 23 separate investigations and one of those included a Garda member facing a charge of rape.

The report does highlight the case of a former member of the garda reserve, James Anthony Kelly (57) of Suncrest, Ballycashin, Butlerstown, Co Waterford, who was jailed in January at the Central Criminal Court for six and half years for sexually abusing and raping a young boy he befriended.

The annual report does not name Mr Kelly but states that following the completion of an independent criminal investigation by GSOC, the DPP directed the prosecution, on indictment, of a former member of the Garda Reserve, on numerous counts of offences of a sexual nature. 

The report states that there are three cases currently pending before the courts involving charges brought against members of the public for four separate charges of knowingly providing false and misleading information to GSOC.

Complaints

The report reveals that last year, GSOC received a total of 1,577 new complaints, which was a 14% decrease on the 2022 total of 1,826.

A complaint is described as an “expression of dissatisfaction made to GSOC by a member of the public, about the conduct of an individual member of the Garda Síochána”.

Each complaint against each Garda is assessed individually for admissibility.

The report states that the most common circumstances which gave rise to complaints in 2023 were ‘customer service’ at 25%, and the conduct of Gardaí during arrests and when carrying out investigations both at 14% each.

The report discloses that 39%, or 609 complaints, opened in 2023 were deemed inadmissible.

Of this, 86% were deemed inadmissible as the allegation did not constitute misbehaviour and if proven, would not be a crime of in breach of Discipline Regulations.

Of the 3,394 allegations investigated by GSOC in 2023, investigations into 2,165 were discontinued because there was no independent evidence to prove an allegation.

The report also reveals that 81 sanctions were imposed on Gardai following disciplinary investigations by the Gardai or GSOC.

The statistics show that Gardai received ‘Advice’ in 48 cases.

‘Advice’ is a sanction, which may be applied by the Garda Commissioner, for breach of the Discipline Regulations –it can be formal or informal.

Seven of these sanctions resulted in a reduction in pay, with a further five receiving fines.

Another eight received a caution, while three received a warning and a further four received a reprimand.

The cost of external advice to management and general legal advice received by GSOC amounted to €235,666 last year.

Meanwhile, expenditure in relation to legal costs, settlements, conciliation and arbitration proceedings relating to contracts with third parties was €174,558 in 2023.

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    Mute Joseph O'Regan
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    May 16th 2014, 2:34 PM

    Profit,Profit and even more profit and on the other side……..Austerity, withdrawal of services,”restructuring” water tax etc. Anybody else see that Laissez-faire does not work for anybody except for the multinationals. The filter down policies are a fantasy, wealth and money is traveling only in one direction!

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    Mute Mr Fantastic
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    May 16th 2014, 3:00 PM

    Maybe if people were more concerned with making profit than sitting on the dole we wouldn’t have so many people whining about austerity.

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    Mute Joseph O'Regan
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    May 16th 2014, 3:13 PM

    Austerity is hitting everybody especially those who are honest taxpayers who are hit even harder than those who are unfortunate enough to have to depend on the state for survival.

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    Mute Sean South
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    May 16th 2014, 5:23 PM

    Get off the dole and do a bit of work then Fantastic!

    26
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    Mute richardmccarthy
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    May 16th 2014, 8:54 PM

    So whats your answer to the problem you describe,god forbid we should inovate and build up our own multinational companies instead of relying on tax breaks to entice other countries talent to create jobs and employment here,but that would take dedication hard work and a belief in our own ability, are we up for it,highly unlikely judging by the rush for exits when the going gets tough.

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    Mute George Grey
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    May 16th 2014, 2:41 PM

    I can read this article and appreciate it for all that it is, but President Higgins’ address last week in Chicago in which he stated that ” society needs to measure prosperity” by differing methods strikes more resonance with me.

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    Mute HoganusRex
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    May 16th 2014, 4:13 PM

    What’s that thing they have in Bhutan (I think?) they have a “happiness index” or some such?

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    Mute Were Jammin
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    May 16th 2014, 2:55 PM

    Budget cuts for 2013 : 4 Billion Euro

    Cost to the exchequer of 12.5% corporation tax NOT being enforced: 4 Billion Euro

    Do the math.

    It would be interesting to see what % corporation tax each of the 10 paid on their profits.

    Ireland inc. the best little country in the world to do business. Slave labour aplenty and taxes are only for the little people. We’ll send any amount of people to the poorhouse to protect your profits. Rob us blind, but don’t forget your TV licence or your billionaire ass is going to jail.

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    Mute William O'Shea
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    May 16th 2014, 3:12 PM

    Hear hear……… tell it straight Jammin

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    Mute Pierce2020
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    May 16th 2014, 3:20 PM

    Why not make it 25% and make a few quid

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    Mute andrew
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    May 16th 2014, 2:36 PM

    The majority of top companies are….not Irish. Neo liberal agenda in full swing. Ireland like a third world country being drained by multinationals.

    So much for entrepreneur culture here. A complete myth

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    Mute David Keogh
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    May 16th 2014, 3:20 PM

    Those “not Irish” companies employee a hell of allot of full blooded Irish people, who spend their hard earned money on Irish food and products, putting meals on Irish plates and clothes on Irish peoples backs, whilst also keeping people off the Irish doll queues!

    To build an entrepreneur culture, you need to have allot of entrepreneurs, all with great ideas which can be developed into something enormous, otherwise it wont make even a dent in the Irish economy.

    Comparing Ireland to a third world country is ridiculously idiotic, to put it mildly!

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    Mute andrew
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    May 16th 2014, 3:30 PM

    You mean businesses employ and pay people? We know that. A bit of an idiotic comment if you don’t mind me saying. Maybe you might like to take a look at the real issues here?

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    Mute Jarrion
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    May 16th 2014, 2:46 PM

    How are Ryanair not included?

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    Mute Niamh May
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    May 16th 2014, 3:57 PM

    Or Intel?

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    Mute Larry Smierciak
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    May 16th 2014, 4:49 PM

    Because they don’t really employ anyone in Ireland. Very few staff, all the rest are “contractors” employed by outside agencies. Really, as a company Ryan Air contribute very little to the Irish economy.

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    Mute Rossa Crowe
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    May 19th 2014, 1:00 PM

    I assume you are joking @Larry. how many tens of millions of people do Ryanair bring here every year. Im sure their Vat bill alone is huge.

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    Mute Lily Signoret
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    May 16th 2014, 5:38 PM

    How does CRH manage to stay at the top? Their IT department is a joke. My bf worked there for a year, worst job he ever had (same for a friend who worked in their accounting dept).

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    Mute Alex C
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    May 16th 2014, 8:29 PM

    They make loads of money, thats why they’re there.

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    Mute Shite sticks
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    May 16th 2014, 7:37 PM

    Dell is in the top 10? An awful kip of a place to work. Soul destroying, global multinational, bureaucratic hell hole

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    Mute Loop De Loop
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    May 17th 2014, 1:00 AM

    What about Ryanair ? They would have got my vote and they are Irish too !

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    Mute Mark Miller
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    May 16th 2014, 3:11 PM

    Got a shock when I read this story. First thing I saw was the add banner for labour and I thought to myself
    “Jaysus Gilmore must be a great fella to work for”

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    Mute Susan Quinn
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    May 16th 2014, 3:18 PM

    Didn’t see Irish startup EnergyElephant on the list there…

    It’s gearing up competition against Nest which was recently acquired by Google for $3.2 Billion.

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