The Fennelly Commission of Investigation into the recording of phone calls in garda stations has sought an extension and for its final report to be published in September of next year.
An interim report published this afternoon stated it was a far-reaching investigation involving what was known from rank-and-file gardaí up to garda commissioner rank about the recordings of non 999 calls and the use of recordings over a period of 20-30 years.
A survey of rank-and-file gardaí is under way and questionnaires are also being sent to retired senior officers.
Four former garda commissioners have given statements to the commission and three have attended oral hearings.
The fourth is due to attend later this month. It has also met with experts in this area.
The commission found early recordings between 1980 and 1995 were solely intended to record 999 calls and garda radio traffic.
However, there was a variation in the telephone recordings between 1995 and 2013.
There were approximately 23 garda divisional headquarters where certain systems were installed.
The drafting of the report of this module has begun and will be completed by the end of the year.
A questionnaire has also been sent to all garda technicians who worked in these divisional headquarters.
38 of the technicians were subsequently called to give evidence.
19 other witnesses were also called to give evidence on this aspect of the investigation including the telecommunications section in garda headquarters in Dublin and others who advised gardaí on telecommunications from the 1970s onwards.
The commission is continuing to assess the evidence.
The commission has also requested documentation from the Department of Justice and from the offices of the Attorney General, the chief state solicitor, the Director of Public Prosecutions, the Data Protection Commission and GSOC.
Oral hearings have also been planned.
The commission is also looking at whether any telephone conversations between solicitors and their clients were recorded and it considers this to be one of the most important aspects of its work.
The commission said initial attempts to contact solicitors who had clients in custody in garda stations during the relevant period through ads and notices in legal publications did not produce a satisfactory response.
Fewer than 35 solicitors responded to the commission with their telephone numbers.
The Law Society then contacted every solicitor located within the 23 garda divisional areas outside Dublin.
The commission obtained telephone numbers from over 500 of these firms with a criminal practice.
These numbers were tested against the database in garda headquarters to see if these numbers were recorded between 2008 and 2013.
This work is continuing and should be completed by end of 2015.
There were a certain number of technical difficulties including a difficulty with a database in one station which caused the commission to halt its work temporarily but this is expected to be resolved in the coming weeks.
This aspect of the work will then be completed.
The commission states that the operation of one recording system since 2008 which is computer based is relatively easy.
However, it states searching for any solicitor client recordings on a tape-based system is more difficult and a full search of this period would involve listening to about 13 years worth of telephone recordings from 23 stations which it states is clearly beyond the scope of the commission.
The commission is considering its strategy on which samples should be used in order to report within a considerable time.
A list of members of the public who contacted an internal helpline in garda headquarters with concerns that they may have been recorded have also been furnished to the commission and this is being reviewed.
The commission says it is very difficult to estimate a time frame for this aspect of the commission’s work.
The commission is required to establish if recorded calls which it identifies disclose evidence of unlawful or improper conduct by members of the gardaí in connection with the investigation into the death of Sophie Toscan du Plantier.
The commission says it is not required to conduct an investigation of possible unlawful or improper conduct by garda members generally but only to do so where the recorded calls disclosed evidence of unlawful or improper conduct.
The commission has received transcripts of all recordings identified by gardaí as being related to the investigation into her murder.
Over 45,000 recorded telephone calls to and from Bandon Garda Station were examined by gardaí but less than 1% were considered relevant to the murder investigation.
The commission is currently investigating the methodology used by gardaí for identifying relevant recordings.
The Fennelly Commission says it may require further assistance to certain tasks over the coming months.
It says the work is time consuming and labour intensive and will need more legal staff.
It also states there may be conflicts of evidence and possible legal delays and legal actions.
The commission has outlined in its interim report that it still has considerable work to complete including investigating the installation, operation, maintenance, repair and replacement of telephone systems in certain garda stations.
It also still has to investigate the level of knowledge within An Garda Síochána and other bodies and agencies and establish if solicitor client calls were recorded or assessed.
It also has to investigate whether calls in Bandon Garda Station disclose evidence of unlawful or improper behaviour.
The commission says it is not possible to estimate its full cost.
It says it will need an additional €300,000 for three extra junior staff.
