Courts / Westmeath / Report

Delay in investigating whistleblower's bullying claim 'unfair' to all, tribunal told

Date
2020-02-20

Stage
Hearing Or Decision

Primary locality
Athlone

Summary

The Disclosures Tribunal, chaired by Judge Sean Ryan, heard evidence regarding the treatment of whistleblower Garda Nicholas Keogh, who made a protected disclosure in 2014. Assistant Commissioner Finbarr O'Brien testified that an eight-month delay in launching an investigation into Keogh's bullying claim was "unfair" to all parties. Keogh alleged that a senior Athlone drugs unit member was in an improper relationship with an alleged heroin dealer. His subsequent complaint, filed in March 2017 against Supt Pat Murray, Chief Supt Lorraine Wheatley, and Chief Supt Mark Curran, was not investigated until November 2017. The investigation concluded in December 2018, upholding no complaint of bullying. O'Brien stated he reviewed the file in early 2019 and upheld the findings, noting the delay was caused by legal complexities and witness issues. While Keogh's counsel argued the review was a "rubber-stamp," O'Brien rejected this, asserting the investigation was thorough and impartial. O'Brien acknowledged the delay was outside policy timeframes but maintained it did not disadvantage the evidence. Chief Supt Wheatley had previously expressed concern over the delay contravening policy ethos. Keogh's appeal of the review was rejected by Deputy Commissioner John Twomey in July 2019. The tribunal continues to investigate whether Keogh was targeted or bullied following his disclosure.