Clarification on O’Farrell update report

The investigation into complaints made to GSOC by the family of the late Shane O’Farrell is ongoing.  The report provided to the O’Farrell family was pursuant to s.103 of the Garda Síochána Act 2005 by way of an update at the completion of one phase of the investigative process.

Under the present legislative framework GSOC is unable to conduct criminal and disciplinary investigations at the same time.

The first phase of the investigations into six complaints containing 56 allegations of alleged misbehaviour found no criminal culpability in relation to any of the gardaí complained of.  However the process has now moved into a disciplinary investigation in relation to some of the gardaí.

As GSOC is conscious that all parties, including gardaí under investigation, have rights, we are not jeopardising the ongoing disciplinary investigation by naming persons who have the right to be heard and offer an explanation for the conduct under investigation.

When the investigation is completed a report will be forwarded to the Garda Commissioner under s.97 of the Garda Síochána Act 2005.  It will be open then for the Garda Commissioner to consider what action, if any, he thinks appropriate under the Garda Discipline Regulations.

The decision not to name people in the s.103 Report was made by the Commission so as not to prejudice the current ongoing investigation.