The query of why an investigation was carried out into a garda giving a bike to an elderly local man can be answered in a straightforward way. Essentially, the garda took the bike from the police station without seeking approval and did not fill out any paperwork detailing his actions. To broaden the context, stricter policies have been implemented in recent times under the guidance of Garda Commissioner Drew Harris. This garda was simply caught in this stringent system. Legally, the bicycle was logged in the Garda’s evidence and exhibits system, and therefore, technically state-owned.
Here’s a synopsis of the incident: In early 2020, a retired farmer in his 70’s, living alone in the midlands, was advised to purchase a bicycle by his doctor to alleviate circulation issues in his legs that were leading to blood clots. However, the local bicycle shop closed due to the pandemic, leaving him unable to get a bike. He requested assistance from a familiar garda.
Despite initially acquiring a bike from a friend, which didn’t suit the farmer, the garda fetched an appropriate bicycle from his station, transported it in a Garda van and delivered it to the man. The agreement was made clear that the bike was to be returned eventually, but when it vanished from the station without any explanation, it raised suspicion amongst the local force. Consequently, an investigation was initiated.
To justify the severity of the investigation, it was suspected at first that two bikes along with an expensive set of wheels were swiped from the station. However, it became clear that one of the bicycles was the initial one procured by the garda and not the one taken from the Garda station. While it is true that a pair of wheels were missing, no evidence connected this incident to the garda.
An accusation that two bicycles and a pair of costly wheels were missing from a station sparked an immediate probe. The National Bureau of Criminal Investigation (NBCI), the squad which often deals with serious crimes, took on the job. Prior to the full establishment of the Garda Anti Corruption Bureau (ACB), the NBCI was frequently charged with scrutinising serious accusations levelled against the police.
Misplacing two bicycles and expensive wheels, as initially surmised, isn’t a trivial matter. In contrast, it wouldn’t be considered a severe event like the loss of any objects tracked in the Garda’s evidence and exhibits system. Nevertheless, the involvement of the NBCI seems to be a more aggressive response than necessary.
So, what transpired afterwards?
Initially, the inquiry was criminal in nature, which required detectives from the Dublin-based NBCI to conduct a criminal investigation. This investigation involved searching the police officer’s house, seizing his phone for inspection, collecting the bicycle from the farmer’s house, and examining CCTV footage that depicted the bike being taken from the local station.
After compiling their statements and any additional evidence, they submitted a file to the DPP. The implicated officer was interviewed under caution as part of this procedure but was never detained. The officer was suspended during the investigation, though. The bicycle was taken from the station on May 3rd, 2020, and the NBCI team searched the police officer’s house a month later. The criminal investigation was completed swiftly, it appears. The DPP had already received, examined the case file, and come to the conclusion that no crime had been committed by April 2021.
So was the officer cleared of all charges within an 11-month period?
Not exactly. While the criminal facet of the case was dismissed by April 2021, the case transitioned into a second phase, namely, an internal disciplinary matter. The police officer in question remained suspended and was reinstated only in August of the same year, nearly three and a half years after the investigations were initiated. Upon his reinstatement, the officer was assigned to restricted duties, unable to engage with the public in the same way as before, until the disciplinary process reached its conclusion.
So how did the process conclude?
An officer of the Garda was accused of five alleged violations of Garda’s disciplinary code, purportedly involving the taking of a bike and giving it to a neighbour without authorisation. Although the disciplinary process was initiated in April 2021, the formal inquiry, which is a hearing, only began at the start of the previous month, a delay of almost three years. Having held four hearings on separate days, it finally concluded last Tuesday, and the officer was absolved from all allegations. The farmer testified, sharing that he requested the bike due to the challenges he experienced in obtaining one himself during the pandemic period.
From March 2020 to March 2024 indeed seems quite a duration. The first 10 or 11 months of this incident are relatively straightforward to comprehend. A local complaint was made that a bike had been taken without consent from a police station and supported by physical evidence such as CCTV footage and the bike being discovered. Hence, an investigation was carried out swiftly, a file was forwarded to the DPP, who determined that no crime was committed and subsequently no charges were filed.
The launching of a criminal inquiry was likely inevitable once an official complaint was registered, although the participation of the NBCI seems highly disproportionate, looking at it superficially. However, understanding the second part of the process – the disciplinary action – and why it took an extended period, is rather puzzling.
Understandingly, this has put Drew Harris under significant pressure. Over the years, the GRA has been fiercely blasting Drew Harris, the latest episode being his perceived detachment from matters on the ground, as was asserted by association secretary general, Ronan Slevin, last week.
In a strongly worded statement, Slevin charged that disciplinary actions were inappropriately severe, likening the situation to using a sledgehammer to crack a nut, alleging that the character of a longstanding member had been tarnished, his integrity challenged and his livelihood jeopardised.
Even Judge Gillian Hussey, a retired official, voiced her opinion via a social media post, where she suggested that Harris should be relieved of his duties over the incident. On Monday, the Labour Party’s spokesperson on justice, Aodhán Ó Ríordáin TD, expressed that Harris must now discern whether he was part of the problem or the solution with the Garda. He also hinted that Harris’s current position as commissioner was causing low morale within the force.
The question that needs to be addressed is, why did Drew Harris choose to be so stringent in his approach?
The issue was initially made known locally, prompting a fellow garda to initiate the inquiry. Information obtained from The Irish Times suggests that much of the process – including the suspension of the garda and the request for the NBCI to conduct the investigation – was not actioned by Harris or any personnel at the Garda headquarters.
However, Harris’s leadership tenure has been marked by a far stricter approach to discipline. He established the Anti Corruption Unit, professing its proactive role in unearthing corruption within the Garda; contrary to the reactive strategy of launching investigations based on received allegations. A policy document, circulated towards the end of 2020, provided a corruption definition that outlined even the minor abuses of power, such as exploiting positions for favours like free nightclub entries or fast food outlet discounts, will no longer be condoned.
Before the appointment of Harris as the commissioner in late 2018, around 30 to 40 Garda members would be typically suspended pending the investigation of accusations against them. Post-Harris appointment, this figure escalated and hovered around 120 for extended periods. A considerable number of these cases have already been processed in court, resulting in severe convictions for Garda members, including for crimes like coercive control relating to domestic violence.
Recent figures from a Policing Authority meeting indicate a 40 per cent decrease in new suspensions last year, a 70 per cent augmentation in case closures, and a 36 per cent decrease in freshly initiated disciplinary cases within the Garda. However, there have been no suspensions recorded in the first two months of this year.
The authority’s fresh chairperson, Elaine Byrne, communicated to The Irish Times that she perceived Harris to have conveyed a clear message to the Garda force after his appointment – that misconduct won’t be overlooked. An increase in suspensions bears witness to this fact. But, she opined that the recent spate of convictions followed by a smaller number of suspensions might indicate a shift in culture. The GRA has expressed disagreement with this theory in light of the recent case. This conflict is not yet resolved.
The inquiry board concluded the disciplinary process approximately a week ago. They are required to submit their conclusions to the Garda headquarters within three weeks from that day. Once this timeframe is complete, we will gain insight into whether the situation might escalate, potentially involving the accused, who has now been cleared, utilising legal measures such as a civil lawsuit.
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