Courts / Donegal / Report

Tribunal receives three out of four requested statements

Date
2017-10-05

Stage
Trial

Primary locality
Donegal

County
Donegal

Summary

The Charleton tribunal received three out of four requested statements from senior garda officers, according to tribunal barrister Diarmaid McGuinness SC. Statements from Chief Superintendent Terry McGinn, Chief Superintendent Tony McLoughlin, and Superintendent Eugene McGovern were submitted on Thursday morning. Retired assistant commissioner Kieran Kenny was unable to provide a statement as he was 'on the far side of the world.' The tribunal requested the statements following the discovery of handwritten notes taken by Chief Superintendent McGinn at a garda conference in Letterkenny station on 8 October 2013. Tribunal chairman, Mr Justice Peter Charleton, sought to determine each officer's knowledge of the meeting, which occurred two days after a complaint was made by Marisa Simms, the partner of whistleblower Garda Keith Harrison. McGuinness noted that Chief Supt McGinn's notes were submitted to Garda HQ months ago but not forwarded to the tribunal. Garda HQ reviewed the documents and found no reference to Tusla or HSE, leading to the omission. The tribunal is currently examining contacts between gardaí and HSE/Tusla regarding Garda Harrison. Supt Eugene McGovern, cross-examined by Mark Harty SC on behalf of Garda Harrison, stated that a decision was made to refer Ms Simms' complaint to the Garda Siochana Ombudsman Commission (GSOC) under Section 102 of the Garda Siochana Act, which allows for referrals where a Garda has caused death or serious harm. Harty questioned whether distress was considered serious harm and if charges of assault causing serious harm would be brought without physical injury. McGovern said that the decision on charges would be for the DPP and that gardaí believed there was a 'substantial risk of death' to Ms Simms. Harty noted that no crime prevention advice was given to Ms Simms and questioned the response to the threat. McGovern stated that the matter was referred to the garda ombudsman, though the ombudsman has no powers of arrest or crime prevention. A letter from Chief Supt Tony McLoughlin in Garda HQ questioned the appropriateness of a Section 102 referral, suggesting confinement on indoor duties. Chief Supt McGinn responded that the threats outlined by Ms Simms constituted a 'substantial risk of death.' McGovern stated that the referral to the HSE was based on Ms Simms' statement, which she made voluntarily. Ms Simms later withdrew her statement.