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Woman's death while in custody among referrals to GSOC

The findings were contained in the Garda Síochána Ombudsman Commission (GSOC) 2024 Annual Report
The findings were contained in the Garda Síochána Ombudsman Commission (GSOC) 2024 Annual Report

The death of a woman while detained in a garda station was one of the referrals made to the Garda Síochána Ombudsman Commission in 2024, according to its annual report.

One referral was made by a superintendent relating to the death of a woman while detained in a garda station according to its 2024 Annual Report.

GSOC, now called Fiosrú, commenced a full investigation after the referral from a superintendent.

It found that the woman was being detained to ensure her attendance in Dublin Metropolitan District Court.

The detention was found to be necessary as the option of releasing her on bail was not available to gardaí due to three outstanding bench warrants.

Such warrants remove the discretion of the member in charge of the garda station to release a person on what is commonly referred to as station bail.

''A review of CCTV at the garda station concerned, showed that the entries created in the custody record by an individual garda as regards visits to the cell of the woman were not accurate,'' the report stated.

The garda recorded entries in the custody record regarding visits to the cell of the woman which were not made.

The report stated that the alleged neglect by the garda member concerned did not contribute to the death of the woman.

''A visit by a doctor to this woman after the garda concerned finished duty is listed on the custody record," it said.

"The doctor raised no concerns as to the condition of detention, or potential indications of a sudden death.''

A disciplinary investigation report was submitted to the Garda Commissioner who imposed a disciplinary sanction on the member concerned.

Detention of a relative of a serving garda

Another case related to a garda member whose brother was detained by security at an event, following allegations of sexual assault by a female attendee.

The garda member attended and identified himself as a garda. He removed his brother from the scene.

No complaint was received however the Superintendent referred the matter to GSOC, who subsequently opened a discipline investigation in the public interest.

''The member was found in breach of discipline and subsequently reprimanded by the Garda Commissioner," the report stated.

GSOC received 2,226 complaints from the public in 2024 and opened 37 investigations on referral by An Garda Síochána following incidents involving death or serious harm.

67 files were forwarded to the Director of Public Prosecutions arising from GSOC investigations.

88 sanctions were imposed by the Garda Commissioner following complaints.

Recommendations to the Garda Commissioner on policy and practice related to treatment in custody, record keeping, the use of restraint, the conduct of personal searches, managed containment of vehicles and the storage and record keeping in relation to firearms at garda stations.

A further final report will be published in due course which will cover GSOC's activities during the period 1 January to 1 April, 2025.

The report detailed 15 case studies, providing a ''snapshot of the range of ways in which complaints and referrals were received, progressed, investigated and resolved".

Among the complaints investigated by the ombudsman were incidents where gardaí were accused of assault, disciplinary breaches, failure to investigate a road traffic collision, neglect of duty in handling evidence, and failure to respond to public complaints.

Some of the complaints were upheld and some were were found to have no evidence or insufficient evidence to corroborate the allegations of the complainant.

Case of coercive control

Another complainant stated they went to a garda station by appointment to make a statement in relation to coercive control by their ex-partner.

However, the garda was not in a position to take their statement that day and another date was set.

The complainant handed over evidence which the garda advised they would investigate

''The complainant stated he never heard from the station again and they believed the reason for this was due to their gender,'' the report said.

''The complaint was referred to An Garda Síochána to investigate and to report their findings to GSOC and the garda member concerned was subsequently found in breach of discipline in relation to three counts of Neglect of Duty. This member was dealt with by way of a warning.''

Key facts and figures from the 2024 GSOC Annual Report

  • 2,226 complaints received, containing 2,883 allegations
  • 58% of complaints ruled admissible
  • 37 referrals from An Garda Síochána of matters where it appeared 'the conduct of a member of An Garda Síochána may have resulted in the death of or serious harm to a person’ - 21 of these related to fatalities
  • 11 public interest investigations opened (these are investigations undertaken in the absence of a complaint or referral from the Garda Commissioner) - 26 were closed
  • 88 sanctions imposed by the Garda Commissioner following complaints
  • 67 files referred to the Director of Public Prosecutions
  • 31 protected disclosures received