Courts / Cork / Report

Senior garda tells tribunal of 'huge effect' of allegations

Date
2022-05-31
Stage
Charge Or Pretrial
Primary locality
Mitchelstown
County
Cork

Summary

At the Disclosures Tribunal in Dublin Castle, retired Garda Sgt Paul Barry and Supt Michael Comyns provided evidence regarding a 2012 complaint by Mr Barry alleging that Supt Comyns prevented the proper investigation of a child sexual assault allegation and bullied him. The DPP directed no prosecution for the child abuse allegation and, in November 2015, directed no prosecution for Supt Comyns's alleged perversion of the course of justice due to a lack of evidence. Supt Comyns, who denies the allegations as unfounded and vexatious, testified that a medical certificate issued to Mr Barry, which prohibited contact between them, made his role as district officer unworkable. He stated this prevented him from supervising investigations and created a serious precedent in An Garda Síochána. Supt Comyns also denied targeting Mr Barry regarding annual leave or a Regulation 10 warning for lateness, noting another garda was disciplined on the same day. He further clarified that he did not see Mr Barry during the Irish Open policing operation and that Mr Barry did not attend a February 2015 case conference on rape allegations. In September 2015, before being cleared of the allegations, Supt Comyns urged investigating gardaí to complete their disciplinary inquiries without delay. The matter is currently at the charge or pretrial stage, with Supt Comyns's evidence continuing.

Who, what, where, when and why

What: Report matter: Senior garda tells tribunal of 'huge effect' of allegations. Procedural stage: charge_or_pretrial

When:

Why: Supt Comyns told Mr Marrinan that he "could not do my job" because of a medical certificate issued to Mr Barry by his GP saying he could return to work providing that he did not come in contact with Supt Comyns or have to visit Fermoy Garda Station, where Supt Comyns was based. CNI source report

Case subjects

Paul Barry

Applicant

Outcome: In September 2015, before he was cleared of Mr Barry's allegations, Supt Comyns wrote to investigating gardaí in response to a query about whether or not their disciplinary investigation should be put back pending the DPP's decision on the criminal matter.

Supt Comyns

Applicant

Outcome: In September 2015, before he was cleared of Mr Barry's allegations, Supt Comyns wrote to investigating gardaí in response to a query about whether or not their disciplinary investigation should be put back pending the DPP's decision on the criminal matter.

Places mentioned

Garda Station
  • formerly of Mitchelstown Garda Station
  • Mitchelstown
  • have to visit Fermoy Garda Station
  • Fermoy
  • couldn't come to Fermoy Garda Station
Incident
Secondary Mention
Residence

Topics

Stage Charge Or Pretrial Violent Crime

Related court reports

Read the original CNI report

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