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Report an Taoiseach, Enda Kenny TD

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Report an Taoiseach, Enda Kenny TD Report TO A n T a o isea c h , Enda Kenny TD ON A REVIEW OF THE ACTION TAKEN BY AN GARDA S io c h An a PERTAINING TO CERTAIN ALLEGATIONS MADE BY SERGEANT MAURICE M c C a b e S ean G uerin SC 6 M ay 2014 Table of Contents Chapter 1: Introduction........................................................................3 Chapter 2: Background................................................................. 11 Chapter 3: Structure and Method.................................................... 17 Chapter 4: Public Order Incident at Kingscourt on 25 February 2007...........21 Complaints about the Handling of the Investigation.................................. 23 The Disciplinary Proceedings........................................................... 25 Findings of the Byrne-McGinn Report..................................................32 Sergeant McCabe’s Complaints......................................................... 33 Analysis.................................................................................. 35 Chapter 5: Assault at the Lakeside Manor Hotel on 14 April 2007...............39 The Garda Investigation................................................................ 39 The Trial of | ...........................................................................48 The Byrne-McGinn Investigation....................................................... 48 Complaints by Sergeant McCabe....................................................... 52 Analysis.................................................................................. 54 Chapter 6: Offences Committed by Jerry McGrath................................ 59 Assault on .................................................................. 61 The Garda Investigation................................................................ 62 Abduction of a child in County Tipperary............................................. 66 The Garda Investigation............................ ............ .......................67 Directions of the DPP in relation to the Assault on ...................... 71 Admission to Bail in the Child Abduction Case........................................ 73 Directions of the DPP in relation to the Child Abduction Case.......................75 Compliance with Bail Conditions by Jerry McGrath...................................77 The Prosecution of Jerry McGrath in Cavan........................................... 78 Complaint by ...............................................................84 Investigation by GSOC.................................................................. 86 Analysis................................................................................ 104 Chapter 7: Public Order incident at a Restaurant in Bailieboro on 5 August 2007 ............................................... .............................................109 The Investigation of the Offence and Subsequent Prosecution.................... 110 The Byrne-McGinn Investigation..................................................... 115 The Disciplinary Proceedings......................................................... 118 Analysis................................................................................ 123 Chapter 8: Assault and False Imprisonment of a Girl on 2 September 2007 ..127 The Garda Investigation............................................................... 128 Internal Criticism of the Garda Investigation........................................ 135 The Byrne-McGinn investigation..................................................... 139 The Disciplinary Proceedings......................................................... 144 Analysis................................................................................ 148 Chapter 9: Dangerous Driving, Lakeside Manor Hotel, St. Stephen’s Night 2007 ............................................................................................151 The Garda Investigation............................................................... 152 The Disciplinary Investigation........................................................ 157 Progress in the Criminal Investigation............................................... 162 1 The Outcome of the Disciplinary Investigation.......................................163 Analysis................................................................................ 165 Chapter 10: Assault in a Public House, Bailieboro on 23 May 2007 ............ 169 The Garda Investigation...............................................................170 Withdrawal of Statement of Complaint.............................................. 177 Internal Garda Review in Cavan/Monaghan Division.................. ..............182 Prosecution..... ...................................................................... 189 Sergeant McCabe’s Complaints....................................................... 198 Analysis................................................................................ 199 Chapter 11: Allegation of Threats made by Gardai at Bailieboro............. 203 Chapter 12: Investigation of Sexual Offences and Loss of an Exhibit......... 211 The Investigation into the Loss of the Computer....................................215 The Disciplinary Proceedings ..........................................................218 Analysis................................................................................ 223 Chapter 13: Complaint of Assault and Interference with Garda Records..... 227 Investigation by Deputy Commissioner Rice......................................... 229 Investigation of the allegations of Assault and False Imprisonment................230 Investigation of allegations relating to the PULSE documents...................... 231 Specific PULSE Incidents..............................................................238 Other Specific Cases.......................................................... ........ 260 Investigation of allegations relating to the PULSE documents...................... 263 Analysis................................................................................ 263 Chapter 14: Allegation of Harassment at Bailieboro Garda Station........... 267 Chapter 15: Monitoring of Probationary Gardai.................................. 271 Chapter 16: Report on Accommodation at Bailieboro Garda Station......... 279 Sergeant McCabe’s complaint about the handling of Inspector Delta’s report.... 283 Analysis................................................................................ 284 Chapter 17: Overview of the Garda investigations.............................. 287 Chapter 18: Role of GSOC........................................................... 295 Chapter 19: Role of the Department of Justice and Equality.................. 297 Complaint to the Minister via the Confidential Recipient...........................304 Sergeant McCabe’s Solicitor resumes direct contact with the Department....... 316 Sergeant McCabe Contacts the Department......................................... 319 The conclusion of the Minister’s correspondence with Sergeant McCabe’s solicitors ......................................................................................... 321 Analysis................................................................................ 323 Chapter 20: Conclusion and Recommendations.................................. 329 2 Chapter 1 Introduction Chapter 1: Introduction 1.1 This report is prepared for An Taoiseach further to the decision of the Government announced on 27 February 2014 to hold a review into allegations made by Garda Sergeant Maurice McCabe and related matters. The review was conducted in accordance with the terms of reference agreed by the Government on the advice of the Attorney General. Those terms of reference are as follows: “1. To conduct an independent review and undertake a thorough examination of the action taken by An Garda Siochana pertaining to certain allegations of grave deficiencies in the investigation and prosecution of crimes, in the County of Cavan and elsewhere, made by Sergeant Maurice McCabe as specified in: a) the dossier compiled by Sgt Maurice McCabe and furnished to An Taoiseach on the 19th February 2014 and b) the letter understood to be from Sgt Maurice McCabe to the Confidential Recipient, Mr. Oliver Connolly, dated 23rd January 2012, part of which was furnished to An Taoiseach on the 21st day of February 2014. 2. To interview Sgt Maurice McCabe and any other such person as may be considered necessary and capable .of providing relevant and material assistance to this Review in relation to the aforesaid allegations and to receive and consider any relevant documentation that may be provided by Sergeant McCabe or such other person. 3. To examine all documentation and data held by An Garda Siochana, the Department of Justice and Equality, and any other entity or public body as is deemed relevant to the allegations set out in the documents at 1 (a) and (b) above. 3 Chapter 1 Introduction 4. To communicate with An Garda Siochana and any other relevant entity or public body in relation to any relevant documentation and information and to examine what steps, if any, have been taken by them, to investigate and resolve the allegations and complaints contained in the documentation referenced at 1 (a) and (b) above. 5. To review the adequacy of any investigation or inquiry instigated by An Garda Siochana or any other relevant entity or public body into the incidents and events arising from the papers furnished at 1 (a), 1 (b) and 2 above. 6. To consider
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