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Inquiry into garda's death 'in public interest' says minister

Sgt Michael Galvin had been the subject of an investigation by GSOC following a fatal road crash
Sgt Michael Galvin had been the subject of an investigation by GSOC following a fatal road crash

Minister for Justice Frances Fitzgerald has said a judicial inquiry into the death of Garda Sergeant Michael Galvin is in the public interest, and in the interest of his family.

Speaking on RTÉ's Morning Ireland, she said it is important that a judicial inquiry into the death of Sgt Galvin lays out all of the facts of the case clearly.

Ms Fitzgerald said if lessons are to be learned from the investigation, "so be it". 

The minister announced yesterday that a judicial inquiry into the matters surrounding the death of Sgt Galvin is to be established.

Sgt Galvin took his own life in Ballyshannon Garda Station on 28 May.

He and two colleagues had been the subject of an investigation by the Garda Síochána Ombudsman Commission following a fatal road crash.

The minister said she had met with various groups, including GSOC and the Association of Garda Sergeants and Inspectors, and had considered all of the facts.

She said she believed the best way forward was to appoint a judge to examine all of the circumstances and to bring a report to her.

Ms Fitzgerald said the procedures and processes that were followed in the investigation by GSOC will be examined.

In relation to the time-frame it took to relay the information that Sgt Galvin had been exonerated by the GSOC investigation, the minister said the relevant people should have been told as quickly as possible.

She said this was a critical point and often a common cause of complaint in investigation processes.

Taoiseach Enda Kenny said it is "right and proper"  that an independent investigation by a member of the judiciary is now taking place into the handling by GSOC of interaction with the late Mr Galvin.

He said it is the first time this type of investigation has been used and he said he hopes it will be dealt with clearly and promptly. 

Fianna Fáil Senator Marc MacSharry has said it is incumbent on the judicial inquiry to get all of the answers.

He said one thing is clear, that whatever the procedures were, and whether they were followed, they were totally inadequate, and that this will have to be considered by the inquiry.

He said there is no inquiry that will give the Galvin family the comfort that they deserve, but said it is paramount that the wishes and concerns of the family are fully addressed.

The senator said it is important that a full and independent and quick investigation is carried out into how GSOC went about its business.

Ms Fitzgerald said she believes that GSOC can continue to function normally with the confidence of gardaí and the public while the inquiry is being carried out.

She said GSOC had taken the decision last week that its own actions and the original investigation be peer reviewed and it believes the judicial inquiry is the best way to proceed and to underpin confidence in what it does.

General Secretary of the Association of Garda Sergeants and Inspectors John Redmon, has welcomed the minister's move to establish a judicial inquiry.

Speaking on RTÉ's Today with Sean O'Rourke, Mr Redmond said there needs to be a tightening of processes between bodies when investigations are being carried out.

Mr Redmond said this, as well as the initial involvement of GSOC in the investigation into Sgt Galvin's death needs to be examined.

A solicitor who was acting for Sgt Galvin welcomed the judicial inquiry.

Michael Hegarty said Sgt Galvin had been referred to him by the AGSI in April after he was told he was the subject of a criminal investigation by GSOC into the road crash.

He said there is no necessity for GSOC to carry out a criminal investigation in the first instance and that a non-criminal investigation can take place to establish whether there has been any misconduct on the part of a member of An Garda Síochána.

He said this procedure caused Sgt Galvin great distress and he said the last time he spoke to him, he was concerned about him.

He described a statement from GSOC, saying it would not be commenting further on the matter as a judicial inquiry was due to take place, as unhelpful and unfortunate.

Speaking on RTÉ’s News at One, Mr Hegarty said: "We're dealing with human beings here, this has had a devastating effect on a family and colleagues."


Analysis: Paul Reynolds Crime Correspondent

The root of this, according to the AGSI, is what they say was an anomaly, the fact that Sgt Galvin said in a statement to GSOC that he saw a woman in the early hours of New Year's morning standing at the side of the road, when CCTV footage appears to have shown she was on the road, and not on the footpath. 

The AGSI and Michael Galvin's solicitor say this could have been cleared up in a phone call.

They think the inquiry will want to establish why was this matter escalated to a criminal investigation, and why did Sgt Galvin find himself the subject of a criminal investigation.

They want to establish whether proper legal procedures were followed.

This inquiry is unprecedented.

It is the first time the Minister for Justice has exercised her power under section 109 of the Garda Síochána Act, which allows her to establish an independent inquiry. 

The judge carrying out this inquiry will be able to seek all documentation relating to the investigation.

The minister says she expects this inquiry will be concluded quite quickly.