Naming Gardai involved in penalty points scandal

Keith Wallis is the name of the UK policeman jailed for his part in the Plebgate scandal. Det. Sgt. Hinton and Sgt. Jones are two other police officers involved in the scandal. I suspect that if I wanted a complete list of all officers involved in the incident it would not be a problem.

With this in mind I phoned Garda HQ yesterday to find out the name, rank and location of the Gardai, we are told, have been disciplined for their part in the penalty points scandal.

The official I spoke to was genuinely clueless. He had no idea where I could access such information.

He suggested I call to my local Garda station, write to the Garda Commissioner or get in touch with my local TD.

I phoned the office of the Minister for Justice and, as usual, was asked to put my query in writing.

To Whom It May Concern:

It is public knowledge that a number of Gardai have been punished as a result of the penalty points controversy.

I request the name, rank, location and punishment meted out to the Gardai in question.

If this is not possible I request the regulation/legislation under which it is not possible.

Yours sincerely

Anthony Sheridan

Marian Finucane: Was it a good week for you Mick?

Marian Finucane and Mick Wallace discussed the ongoing scandals in the Gardai for about twenty minutes yesterday (Saturday).

Not once during the discussion was the word ‘corruption’ mentioned, political or otherwise. This is despite the fact that it is political corruption that lies at the heart of practically every scandal over the last five decades.

Not once was Wallace asked how he could reconcile describing (rightly) Dail Eireann as a sham and a joke for so long as Shatter remained in his position while Wallace himself occupies the exact same position of democratic unacceptability.

Instead the extremely conservative Marian Finucane reflecting the extremely conservative and careful RTE asked such penetrating questions as:

What was it that got your gander up so strongly?

Or

Was it a good week for you?

Garda officer gets to the truth of the matter

The following quote was emailed to the Pat Kenny Show yesterday by a garda.

The email gets right to the core of the most recent Garda/political scandal – The corrupt connection between the Gardai and the political system.

A comment made yesterday that the misbehaviour in the Gardai possibly being done by rogue elements within the force. Since all of this scandal is down to senior management, the altering of crime figures, the wiping of penalty points, the granting of bail, the threatening of whistleblowers I think it’s ironically hilarious that the rogue element within the job is actually its own management. Since all promotions above the rank of inspector are political maybe future governments will be a bit more careful as to who they promote.

Paul Williams: A pathetic toady for Shatter and Callinan

In a previous article I wondered whether Irish Independent journalist Paul Williams was an uninformed novice or a heavily biased journalist writing with a particular agenda.

I suspected he was biased but in a subsequent article Williams has not only revealed his extreme bias but also his thin skin when anybody dares to challenge his very questionable journalism.

In what can only be described as a childish rant Williams reveals himself as an overly sensitive amateur when it comes to covering stories outside his comfort zone.

Instead of responding in a professional manner to journalists who strongly criticised his latest theory on the bugging scandal Williams headed for the gutter in search of sewage to throw at his perceived enemies.

Claiming he was attacked by a ‘marauding group’ of journalists barely out of college, liberal commentators, social media commentators and Sinn Fein Williams abandoned any trace of professionalism he may have possessed.

He was also strongly critical of RTEs ‘politically correct pundits’ but didn’t have the courage to actually name those he condemned.

Crying onto his keyboard he claimed he was being victimised for refusing to accept the wisdom of the ‘media mob’.

But Williams really confirmed his status as a gutter journalist when he resorted to a smear that I haven’t seen used in this country for many years.

Here, in his own words:

It was astonishing to watch as this marauding group swooped to defend a UK security company – some of whose employees are former agents of the dreaded crown – that was used by GSOC.

This crude attempt to stir up anti-British sentiment, particularly as Williams would be well aware that GSOC chairman Simon O’Brien is a UK citizen, is disgusting in the extreme.

This excuse for a journalist claims that his job in life is to put facts on paper and let the public make up their own minds.

In reality, he’s nothing but a pathetic toady for Shatter and Callinan.

Paul Williams: Biased in favour of Garda Commissioner and Minister for Justice?

Irish Independent journalist Paul Williams is an expert when reporting on crime.

He’s also a very courageous journalist, a man who has put his life on the line in his determination to expose those who operate in the murky criminal underworld.

It is clear, however, that when it comes to matters outside of his expertise Mr. Williams is either an uninformed novice or is a heavily biased journalist who writes with a particular agenda.

A recent article by him on the GSOC scandal makes the point.

Williams first claims that there was an unfair inference that ‘shadowy renegades’ within the Gardai were to blame.

Any informed, objective observer would immediately see that the Gardai, whether shadowy or official, were indeed the likely suspects.

It is standard police practice the world over to first focus on the most obvious suspects of a crime before considering other leads.

The Gardai are, without a shadow of doubt, the chief suspects in this case.

He next claims, and he clearly sees this as outrageous, that GSOCs decision not to alert Justice Minister Shatter of the bugging infers that they don’t trust him.

And that is effectively an insult to Shatter, who even his most vocal critics agree, is a man of unflinching integrity.

Objective journalists do not make such unambiguously supportive claims in favour of individuals, and particularly politicians, who are involved in serious controversy.

As for Shatter’s so-called integrity?

I don’t believe that a politician who effectively bullies a police officer when asked to provide a breath test is a man of integrity.

I don’t believe that a politician who attacks Garda whistleblowers who are courageously seeking justice and accountability is a man of integrity.

I don’t believe that a politician who uses confidential police information to attack a fellow politician is a man of integrity.

As part of his argument in support of the Gardai and Minister Williams quotes the Taoiseach’s (completely mistaken) claim that GSOC had a legal obligation to report the matter to the Justice Minister.

An objective journalist would have done his research by having a quick look at the easily accessible legislation.

Williams then goes on to claim that serious criminals and terrorists would be interested in bugging GSOC.

Not even the Garda Commissioner nor Shatter, both of whom are desperately struggling to put this scandal behind them, are prepared to make such a silly claim.

As I said at the beginning Mr. Williams seems to be either an uninformed novice or is heavily biased in favour of the Garda Commissioner and the Minister for Justice.

Given Mr. Williams’ long and close connections with the Gardai I suspect the latter is the case.

Copy to:
Paul Williams

Sensational news: The truth about the GSOC bugging scandal

As always in Ireland when a scandal like the GSOC bugging allegations breaks the entire event is overwhelmed with talk, talk, talk, talk…..

Who’s responsible? Who would have the expertise and equipment? Why didn’t GSOC report the matter to the Minister? Why have I a pain in my arse……?

Here’s the truth for anyone who’s interested.

Hey, look over there, a duck.

A duck, are you sure?

Well, It’s walking like a duck.

But it could be an elephant walking like a duck.

No, now it’s in the pond and swimming like a duck.

Now, now, we have to be very careful here. We can’t be jumping to conclusions, can’t be making wild allegations.

Hold on, it’s quacking like a duck.

Feck, it must be a duck after all, now what are we going to do?

Shoot it, of course, and hide the body. We can’t have anybody else knowing the truth.

Is the Data Protection Commissioner confused about the law?

In 2012 a whistleblower in the Garda Síochána submitted a report through official channels to the Garda Commissioner alleging serious abuses of the penalty points system.

No action was taken and the whistleblower suffered serious consequences as a result of his action.

Subsequently the whistleblower submitted the same report to Taoiseach Enda Kenny, Minister for Justice, Minister for Transport, Garda Siochana Ombudsman Commission, Road Safety Authority, Data Protection Commissioner and several opposition TDs.

The Data Protection Commissioner made no comment and took no action regarding the legality or illegality of the whistleblowers actions.

It is therefore reasonable to conclude that the actions of the whistleblower were legitimate and legal.

Any other conclusion would suggest that the Data Protection Commissioner was in serious dereliction of his duty at the time.

Recently, a new batch of allegations surrounding the penalty points system was handed over to Fianna Fail TD, John McGuinness who is chairman of the Public Accounts Committee.

The Garda Commissioner responded immediately to this event by writing to Mr. McGuinness demanding the return of the information.

The Data Protection Commissioner also responded immediately in support of the Garda Commissioner’s demand saying:

(Mr. McGuinness) has a duty to act on alleged breaches of the law.

For that reason, I must support the Garda commissioner’s efforts to retrieve all personal data which was removed from An Garda Síochána without his authorisation.

I rang the Data Protection Commissioner’s office yesterday to ask why Mr. McGuinness had a duty to act on alleged breaches of the law when the Data Protection Commissioner himself did not feel any such need in 2012.

I’ll report on the response I received in the next day or so.

DPPs directive: Some citizens are more equal than others?

What should have been a routine engagement between the police and a citizen over a very minor traffic infringement is, apparently, evolving into a bizarre and disturbing case of state bullying.

Clare Daly TD made an illegal right-hand turn and the Gardai are now preparing a file for the DPP to decide whether she should be prosecuted or not.

This is very unusual behaviour even in a dysfunctional jurisdiction like Ireland.

We are told that this action has been taken because of a directive from the DPPs office some years ago that obliges Gardai to send a file outlining the facts in any case attracting public attention before a decision can be reached about prosecution.

The directive only applies to cases where the subject of the file is a person in the public eye.

If I’m reading this correctly and I accept that I know nothing about the background of this directive and could be wrong, this revelation is more disturbing than the police actions against Clare Daly.

Was the directive introduced to protect ‘persons in the public eye’?

Was it introduced to allow powerful state authorities bypass an over enthusiastic police officer who had intentions against a ‘person in the public eye’?

But even if there is a legitimate reason for the directive it’s still a very disturbing revelation.

Its very existence seems to confirm what ordinary citizens have long suspected – that some citizens are more equal than others.

Garda Ombudsman: You are not entitled to any information whatsoever

Dublin TD Clare Daly believes that her arrest on a drink driving charge and the leaking of the story to the media was a deliberate attempt to discredit her because she has raised issues of malpractice within the Garda Siochana.

I agree with her conclusions.

Ms Daly was stopped by Gardai on 28 Jan last and breathalysed; the equipment did not register a reading.

Despite this Ms. Daly was arrested, handcuffed and taken to Kilmainham Garda Station 300 metres down the road.

When she objected to being handcuffed she was told that it was procedure.

Her legal team has told her that this is incorrect.

She was put in a cell and a doctor was called to take a urine sample.

Upon being released a female Garda told her to come back when she was sober.

Turns out she was sober. The urine sample showed that her alcohol level was 33% below the allowable limit.

Ms. Daly made a complaint and the Garda Ombudsman is investigating.

When the penalty points scandal first broke I rang the Garda Ombudsman office to inquire if they were investigating the very serious allegations being made against the force.

I was told that they can only investigate matters that involve complaints from members of the public who have been directly wronged by a Garda or a matter that they deem to be in the public interest

I rang again today to see if they were still of the view that it wasn’t in the public interest to investigate what are potentially the most serious allegations of corruption within the force.

Predictably, I ended up with a headache from banging my head against the solid wall of unaccountable bureaucracy.

Me: Is the Garda Ombudsman investigating the abuse of penalty points allegations?

Official: We can’t give out any information about complaints you haven’t made yourself.

Me: But I’m not referring to a complaint, I’m asking is there an investigation into the penalty points allegations.

Official: I can’t say, I’m not allowed to say because you’re not involved in it and you haven’t made a complaint yourself.

I can’t give you any information about anything, about any investigation or any complaints.

Me: Absolutely nothing? Nobody is entitled to know whether you’re investigating something or not?

Official: No, not unless you’re involved.

Me: That’s incredible.

Official: It’s confidential.

Me: I find that hard to believe. You’re saying that the general public is not allowed to know whether the Garda Ombudsman is investigating any particular matter.

Official: No. I can’t give out any information about any complaints.

Me: What regulation/legislation are you basing your refusal on?

Official: It’s confidential.

Me: Yes, but could you refer me to the regulation that permits you to refuse the information.

Official: It’s a confidential procedure making a complaint; I can’t give out any information on the matter.

Me: Ok, that’s fine but could you point me to the particular legislation that allows you to refuse the information?

Official: If you’re not happy with my answer you can put it in writing to the Commission.

Me: Yes, I’m accepting your answer; I’m just asking what legislation you’re basing your refusal on. Can I find the relevant legislation on your website.

Official: I don’t look at the website, I don’t know.

Me: There is a ‘legislation’ link on your website, would I find it there?

Official: If you’re not happy with my answer you can put it in writing to the Commission.

Me: So you’re refusing to reveal the legislation under which you’re refusing to give out information?

Official: I’ve just advised you, if you’re not happy with my answer you can put it in writing.

Me: Are you refusing to point out the legislation to me?

Official: I can’t give it to you.

Me: Why not?

Official: Hung up.

Penalty points allegations whittled down from 90,000 to zero?

Well, in fairness, you have to hand it to the Garda Commissioner and the Minister for Justice.

Quicker than a Guard could say, that’s alright your lordship, penalty points only apply to the peasants, the original allegation that up to 90,000 penalty points cases had been illegally quashed has now been dramatically reduced to a mere 197.

Now if that’s not good police work I don’t know what is.

Apparently, documentation (we don’t know from whom or when) forwarded to the Garda Commissioner contained just 402 allegations.

Now who could blame our hard working commissioner if he threw the lot in a bin and got on with real police work like keeping the Mahon and Moriarty Tribunal Reports warm under his arse.

But no, our commissioner was determined to get to the bottom of this mystery.

Working through the night with his magnifying glass he found that there was lots of duplication. By breakfast he had whittled the number of allegations down to a mere 197.

The Minister, who worked, sleeves rolled up, with the commissioner throughout the long night, said that many of the 197 were vague and short on details.

A spokesman for the Minister angrily denied that the number of vague cases miraculously matched the number of people of power and influence who had their cases allegedly quashed.

The Minister reminded all law abiding citizens that during the period in question a total of 1.4 million fixed charge notices were issued and that some Gardai were empowered to legally cancel penalty points.

Sure isn’t that the end of it. 90,000 down to, well, practically zero.

A spokesman for the Minister denied that the whistleblower gardai were being reassigned for duty in Kabul – they’re going to Damascus.