A garda was found to be in breach of discipline and was sanctioned after a GSOC investigation determined that the garda had engaged in an inappropriate sexual relationship with a victim of domestic abuse.
That is according to the 2023 annual report for the Garda Síochána Ombudsman Commission (GSOC), which reveals that last year a total of 1,577 complaints to GSOC from the public were opened, which was a 14% decrease on the 2022 total of 1,826.
The report separately discloses how GSOC sent a total of 40 files to the Director of Public Prosecutions (DPP) in 2023 arising from GSOC conducting criminal investigations into members.
The report states that in 2023, the DPP directed no prosecution in relation to 25 investigations and this related to 22 files submitted by GSOC in 2023 and three files submitted in 2022.
The report states that the DPP directed the prosecution of 11 offences arising from eight files submitted to it in 2023 and three files in 2022.
The report states that a further ten directions were pending from the DPP in relation to files sent in 2023.
The annual report provides a breakdown of offences where the DPP has directed prosecution.
These include one case where a garda is facing two counts of harassment; another facing one count of sexual assault; another case where a garda member is facing three counts of assault causing harm and another garda member is accused of perverting the course of justice.
In another two cases, two gardaí are facing assault causing harm while another garda is facing four counts of dangerous driving.
On criminal cases decided in 2023, the report states that seven cases were completed and of these seven cases, four cases were dismissed, in two cases there were acquittals and in one case the accused was ordered to make a charitable donation.
At the end of 2023, the report states that gardaí were facing charges in the courts in 23 separate investigations and one of those included a garda member facing a charge of rape.
The report does highlight the case of a former member of the garda reserve who was jailed in January at the Central Criminal Court for six and half years for sexually abusing and raping a young boy he befriended.
The annual report does not name the individual but states that following the completion of an independent criminal investigation by GSOC, the DPP directed the prosecution, on indictment, of a former member of the Garda Reserve, on numerous counts of offences of a sexual nature.
The report states that there are three cases currently pending before the courts involving charges brought against members of the public for four separate charges of knowingly providing false and misleading information to GSOC.
Cyclist given penalty for breaking red light
The report also says that a cyclist who handed over helmet camera footage to a garda of a driver using their phone or parking illegally ended up with a Fixed Charge Penalty Notice (FCPN) after the same footage showed the cyclist breaking a red light.
It shows that arising from the cyclist making a complaint to GSOC, the garda in question received an initial sanction of 'advice' after an unsupervised garda disciplinary investigation found the garda to be in breach of disciplinary regulations (neglect of duty) for failure to respond to correspondence to the cyclist without sufficient cause.
However, the member appealed the sanction of 'advice' to a Garda Chief Superintendent, who quashed the finding, ruling it disproportionate.
In the case, it reported how the regular cyclist who used a helmet camera while travelling on their bike alleged that they frequently witnessed drivers using their phones/parking illegally and had reported many such incidents to the garda traffic watch phone line.
The cyclist gave a garda member a statement and video footage of one such incident.
However, following this the complainant was advised by the garda member that the footage showed him cycling through a red light, and that he was to be issued with a fixed penalty notice.
The complainant asked the member if the other drivers that appear to be committing traffic offences in the same video would be prosecuted and the complainant alleged that they were advised to submit their questions in writing.
They did so, however they received no response or acknowledgement.
'Customer service'
The report states that the most common circumstances which gave rise to complaints last year were 'customer service' at 25% and the conduct of gardaí during arrests and when carrying out investigations both at 14% each.
The report discloses that 39% or 609 complaints opened in 2023 were deemed inadmissible and the vast bulk at 86% were deemed inadmissible as the allegation did not constitute misbehaviour.
Of the 3,394 allegations investigated in 2023 by GSOC, investigations into 2,165 were discontinued because there was no independent evidence to prove an allegation.
The report also reveals that 81 sanctions were imposed on gardaí following disciplinary investigations by the gardaí or GSOC.
