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GSOC released its 2023 annual report today. Alamy Stock Photo

Garda sanctioned for inappropriate relationship with domestic abuse victim, GSOC annual report shows

GSOC’s annual report shows that it sent 40 files to the Director of Public Prosecutions last year, arising from GSOC conducting criminal investigations into members.

A GARDA WAS found in breach of discipline and was sanctioned after a GSOC investigation determined that the Garda had engaged in an inappropriate sexual relationship with a victim of domestic abuse. 

The sanction imposed by a Garda Board of Inquiry on the Garda member on foot of the investigation by the Garda Siochana Ombudsman Commission (GSOC) is one case study highlighted in the 2023 GSOC annual report.

The report separately discloses how GSOC sent a total of 40 files to the Director of Public Prosecutions (DPP) in 2023 arising from GSOC conducting criminal investigations into members.

The report states that in 2023, the DPP directed no prosecution in relation to 25 investigations, and this related to 22 files submitted by GSOC in 2023 and three files submitted in 2022.

The report states that the DPP directed the prosecution of 11 offences arising from eight files submitted to the DPP in 2023 and three files in 2022.

The report states that a further 10 directions were pending from the DPP in relation to files sent in 2023. 

The annual report provides a breakdown of offences where the DPP has directed prosecution.

These include one case where a Garda is facing two counts of harassment; another facing one count of sexual assault; another case where a Garda member is facing three counts of assault causing harm and another Garda member is accused of perverting the course of justice.

In another two cases, two Garda are facing assault causing harm while another Garda is facing four counts of dangerous driving.

Criminal cases

On criminal cases decided in 2023, the report states that seven cases were completed and of these seven cases, four cases were dismissed.

In two other cases there were acquittals and in one case the accused was ordered to make a charitable donation. 

At the end of 2023, the report states that Gardai were facing charges in the courts in 23 separate investigations and one of those included a Garda member facing a charge of rape.

The report does highlight the case of a former member of the garda reserve, James Anthony Kelly (57) of Suncrest, Ballycashin, Butlerstown, Co Waterford, who was jailed in January at the Central Criminal Court for six and half years for sexually abusing and raping a young boy he befriended.

The annual report does not name Mr Kelly but states that following the completion of an independent criminal investigation by GSOC, the DPP directed the prosecution, on indictment, of a former member of the Garda Reserve, on numerous counts of offences of a sexual nature. 

The report states that there are three cases currently pending before the courts involving charges brought against members of the public for four separate charges of knowingly providing false and misleading information to GSOC.

Complaints

The report reveals that last year, GSOC received a total of 1,577 new complaints, which was a 14% decrease on the 2022 total of 1,826.

A complaint is described as an “expression of dissatisfaction made to GSOC by a member of the public, about the conduct of an individual member of the Garda Síochána”.

Each complaint against each Garda is assessed individually for admissibility.

The report states that the most common circumstances which gave rise to complaints in 2023 were ‘customer service’ at 25%, and the conduct of Gardaí during arrests and when carrying out investigations both at 14% each.

The report discloses that 39%, or 609 complaints, opened in 2023 were deemed inadmissible.

Of this, 86% were deemed inadmissible as the allegation did not constitute misbehaviour and if proven, would not be a crime of in breach of Discipline Regulations.

Of the 3,394 allegations investigated by GSOC in 2023, investigations into 2,165 were discontinued because there was no independent evidence to prove an allegation.

The report also reveals that 81 sanctions were imposed on Gardai following disciplinary investigations by the Gardai or GSOC.

The statistics show that Gardai received ‘Advice’ in 48 cases.

‘Advice’ is a sanction, which may be applied by the Garda Commissioner, for breach of the Discipline Regulations –it can be formal or informal.

Seven of these sanctions resulted in a reduction in pay, with a further five receiving fines.

Another eight received a caution, while three received a warning and a further four received a reprimand.

The cost of external advice to management and general legal advice received by GSOC amounted to €235,666 last year.

Meanwhile, expenditure in relation to legal costs, settlements, conciliation and arbitration proceedings relating to contracts with third parties was €174,558 in 2023.

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    Mute Patrick Brompton
    Favourite Patrick Brompton
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    Oct 14th 2013, 8:06 PM

    I worked as a teacher in a school which catered for a nomadic tribe of sheep and goat herders in East Africa. One of my former pupils is now a Professor of Astrophysics, another is a Professor of Mathematics, still another an Ambassador for his country. (I claim no credit for any of these successes). The astrophysicist was an orphan who was taught to count with stones in the sand by an Irish medical missionary sister. I suspect that I got more out of my volunteering than my pupils did. I would recommend the VSO experience as challenging but life enhancing.

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    Mute margaret
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    Oct 14th 2013, 1:34 PM

    If there weren’t so many volunteers, donors, NGO’s and agencies tripping over themselves trying to “help”, maybe Africans could actually get up on their own two feet and do it for themselves for a change.

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    Mute Edward Malone
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    Oct 14th 2013, 1:56 PM

    I think the general idea is to bring over professionals to help and teach.. Ya know teach a man to fish etc..
    People going over to help build or something else they are not skilled in is silly to me when there’s already people in Africa who can do it, free holiday volunteers..

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    Mute BlueSkyThinking
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    Oct 14th 2013, 7:33 PM

    The British government had a similar attitude towards the Irish during the great famine, “Why should we intervene, let them sort it out”. Result 1,000,000+ needless deaths – but Margaret don’t let that stop you from making pig ignorant comments.

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    Mute margaret
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    Oct 14th 2013, 7:55 PM

    Don’t worry, I don’t usually let bleeding heart, gullible, soft touch idiot types, stop me from saying what I think. But thanks for your concern.

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    Mute Colette Gillen
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    Oct 14th 2013, 8:03 PM

    Not only did they not intervene they exported food out leaving people to starve! Slightly different situation!

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    Mute BlueSkyThinking
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    Oct 14th 2013, 8:30 PM

    Like Ireland in the 1840′s, Africa is a resource rich country. The resources are mis-managed by a corrupt ruling elite, resulting in the deprivation we see today. So no Colette, it’s exactly the same situation. Europe messed up Africa and became fabulously wealthy as a result. It will take years to undo the damage.

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    Mute Dermot Lane
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    Oct 14th 2013, 8:47 PM

    Even if the food exported had been kept here, there would still have widespread starvation.
    This country was the breadbasket for Britain, for years Britain had not been producing enough food to feed its own population. Ireland was not developed industrially for this reason, it suited the Brits to keep us agricultural and poor. We also provided vast numbers for the Brit armies and navy, I think 30% of the Brit navy in the battle of Waterloo was irish.
    The Brits commissioned reports all through the 1800′s about the situation here and time after time they were told that this country was a disaster waiting to happen. Their callousness when the inevitable tragedy struck is on the record: they used the famine as a tool to clear people from the land so it could be more profitably used for food production.

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    Mute Kerry Blake
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    Oct 14th 2013, 12:24 PM

    That would be an interesting thing to do for a year or so.

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    Mute Yitzhak Rabin
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    Oct 14th 2013, 6:06 PM

    Anyone who participates in this scam is a fool. How about you take the €1200 you were going to spend on a flight to Africa and give it to a starving family instead? This is just an outlet for smug, middle-class champagne socialists to prove to their facebook friends how “liberal” they are.

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    Mute dancer96
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    Oct 14th 2013, 7:25 PM

    I really think that is such an unfair comment. As mentioned above, schemes like this are aimed at providing people with skills to take them out of poverty. They are looking for people to go for a min of 12 months thats a serious committment.

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    Mute Conor Murphy
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    Oct 15th 2013, 4:01 PM

    This ain’t about “starving families” mate. It’s about skilled professionals going over to impart their skills to locals for one + years. Get over yourself and you stick-it note global policy solutions.

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    Mute Whelan
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    Oct 14th 2013, 8:03 PM

    Don’t ever pay to volunteer – it’s a scam! The money goes to paying people’s wages and not towards the organisation. Anyone can get a flight to Africa / Asia or wherever and volunteer for local charities there without paying to volunteer. People really need to research this more

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    Mute Fiona Ní HAnrachtaigh
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    Oct 15th 2013, 11:45 AM

    spoken like a true bleeding heart! bet you’re a great volunteer in your own area too!

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    Mute Conor Murphy
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    Oct 15th 2013, 3:58 PM

    Aye, this of course has nothing to do with the VSO it should be emphasised.

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    Mute Elizabeth Walsh
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    Oct 15th 2013, 6:28 PM

    You don’t pay to volunteer with vso.

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    Mute Whelan
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    Oct 15th 2013, 7:56 PM

    Err Fiona, can’t volunteer as I work long hours as it is. But go ahead be a judge of how wonderful a person is by how much they volunteer at home…! ;)

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    Mute boiledsweets
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    Oct 14th 2013, 5:06 PM

    Charity begins at home,not in africa.

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    Mute Begrudgy
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    Oct 14th 2013, 6:22 PM

    Look up what charity begins at home actually means. It might surprise you.

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    Mute Edward Malone
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    Oct 14th 2013, 8:05 PM

    F’in HATE that saying, spoken by people who haven’t a clue of the suffering of people in other less fortunate countries.

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    Mute Dermot Lane
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    Oct 14th 2013, 10:32 PM

    Begins at home but where should it end?

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    Mute W.j.d.
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    Oct 14th 2013, 3:52 PM

    Where do I get my P.P.S number when I get there…..

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    Mute Tim Higgins
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    Oct 14th 2013, 3:35 PM

    Do the agencies supply bullet proof vests and body guards?

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    Mute John Bradley
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    Oct 14th 2013, 10:21 PM

    Most of the CEOs of these Charity’s pick up around 150000 per year, charity for who? The head of Goal went to the High Court last year about a fall out between themselves, I think it cost them 500,000!

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    Mute Caitriona Jackson
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    Oct 15th 2013, 11:38 PM

    Jesus Christ ! The absaloutly horrendous remarks of some people on this article truly make me ashamed to be Irish ! Why do your very best to see the faults in everything ! It’s takes a truly sad individual to find a problem with people wanting to help the less fortunate !

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    Mute Paddy Fahy
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    Oct 15th 2013, 10:33 AM

    Apparently I haven’t got what it takes as I applied to VSO as an Accountant, via their online application system in 2009. I got an automated response and no other follow up. Very professional and courteous! I subsequently took up a volunteer position with an other INGO, for whom I still work (having worked with them in various roles in 4 African countries).

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    Mute Michael G O'Reilly
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    Oct 15th 2013, 5:38 PM

    Did you follow up the initial rejection slip ? The online application system seem stupid to me ….pandering to modern technology. Surely face to face meetings would be more appropriate??

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    Mute Alan Lyle-Stirling
    Favourite Alan Lyle-Stirling
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    Oct 15th 2013, 12:55 PM

    Enough help needed at home. Let them sort themselves out. Most of these countries could not give a flying F about us, and in many cases despise the very people who send or give aid..

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    Mute Eoin Ryan
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    Oct 16th 2013, 7:23 AM

    Ignore the begrudgers. There are some commenters that can’t tell the difference between VSO and a scam company that might charge 4k for 3weeks ‘volunteering’. It’s probably better those commenters stay at home since they clearly are short on the cop-on you’d need to be a successful volunteer.
    Fantastic to read the testimony of people that have actually volunteered and learned how great it feels to give some honest help to people. Yes, there are many political changes needed to make our world more just and getting to know people in poorer parts of the world is one way to begin to understand that. Step up if you have the time.

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    Mute Stephen McMahon
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    Oct 14th 2013, 8:12 PM

    Standard anti-Limerick comment. Surprised the usual suspects didn’t beat me to it.

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    Mute Caitriona Jackson
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    Oct 15th 2013, 11:50 PM

    And why exactly should these countries give a flying f## about us? Are you really that small minded as to think that their problems are less important then ours ? Also you clearly have never gone out of you way to help anybody from any of these countries and experience their sheer gratitude ! Typical uniformed comment to say the least!

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