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THE GARDA SÍOCHÁNA Ombudsman Commission (Gsoc) has said that files going missing from the case of the murder of Father Niall Molloy “adds insult to injury” for the man’s family.
Its investigation into the case found that “many original documents including exhibits are missing”, with no record for who handled the exhibits and who may have been responsible for them now being lost.
Father Molloy was found dead in the home of his friends Therese Flynn and her husband Richard in Clara, Co Offaly in July 1985.
Richard Flynn was charged with Father Molloy’s manslaughter, but acquitted after the jury was directed by the judge to find the defendant not guilty.
The family of the priest have fought a long battle to restart an investigation into his death. In May 2015, a government review of the case backed a decision from the DPP not to have a fresh inquiry into his death.
Molloy’s nephew Henry McCourt made a complaint to Gsoc about the handling of the case in June 2016. McCourt told Gsoc that the government review highlighted serious deficiencies in the original garda investigation.
McCourt argued that while no further inquiry into his uncle’s death was recommended, “this does not mean that the conduct of the garda investigation, and the performance of those garda members involved, could or should not be investigated further”.
Gsoc noted that, given the passage of time, most members of the gardaí from the original investigation would now be retired and current legislation prohibits it from investigating the actions of retired members in disciplinary investigations.
Nevertheless, a “significant amount of material” from the original garda investigation from 1985 was furnished to Gsoc, along with the chance to inspect the documents in garda possession.
Gsoc said: “However it became apparent during the Gsoc investigation that many original documents including exhibits are missing. There appears to be no record of handling of exhibits, and as such the person responsible for their loss cannot be identified.
The Senior Investigating Office in the gardaí involved with the Molloy investigation endeavoured to find the missing exhibits including searching the Forensic Science Laboratory. By the end of the Gsoc investigation the exhibits remained missing.
Its investigation confirmed that members of the original team were retired, and that State Pathologist Dr John Harbison is also retired. This prevented the investigation from proceeding further, Gsoc said.
Writing to Acting Garda Commissioner Dónall Ó Cualáin in February, Gsoc said:
What has disturbed the Commission is the fact that despite extensive searches by garda personnel it would appear that many original documents and all the exhibits could not be found which may have assisted us in our enquiries.
Safekeeping of documents and exhibits has become even more pertinent with the developments we see on a regular basis in relation to forensic advances and the ability to solve serious cases years, and decades later, continues to develop apace.
It also noted that the pain still felt by Father Molloy’s family was “compounded by a belief that a poor investigation was carried out into their uncle’s death at the time”.
“The lack of regard shown to the evidence and documentation in this matter in the intervening years by gardaí in many ways adds insult to injury which is clearly not a result anyone would wish to see,” it added.
The acting commissioner acknowledged the letter from Gsoc that same month, and indicated that enquiries were being conducted into this matter.
A reminder was sent by Gsoc to the Garda HQ, who responded on 16 May to say that a report on the issues was awaited. No response has yet been received, Gsoc added.
In a statement to TheJournal.ie, a garda spokesperson said: “An Garda Síochána will examine the report’s findings relating to the organisation to see what lessons can be learnt.
“As part of its Modernisation and Renewal Programme An Garda Síochána has introduced PEMS (Property and Exhibit Management System) to ensure the proper recording and storage of all exhibits.”
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Have read a lot about this case over the last number of years, absolutely sickening what happened to Fr. Molloy, doesn’t take long to scratch beneath the surface. Very similar to the cover-up in the Mary Boyle case in Donegal.
@Phillip Maguire: Spot on
@Phillip Maguire: how?
@Karl: Can’t say here. Read the basic summary of both investigations and all will become clear.
@Phillip Maguire: The Gardai lose a blood stained steel gate in the Shopie duPlantier case, don’t investigate the blue ford fiesta seen speeding away from the scenc on the morning of the murder, say nothing about the large clump of hair found in the dead woman’s fist. MSM and RTE are compliant in the corruption that runs through the Gardai.
@Karl: Read Gemma O Doherty’s investigations into these cases. You won’t be asking “how” then.
@Phillip Maguire: Many readers will have followed this story over the years but to compare it to the Mary Boyle case is ridiculous also Fr Niall Molloy’s death is complicated to the point of exasperation with more twists and turns at every review undertaken of his death. What is known is that Fr Molloy was in a business partnership with Therese Flynn and had also attempted to purchase land from her husband Richard, a deal which fell through when the land commission rejected the deal, he had endeavoured to disentangle his financial affairs from the Flynn’s and sought the return of his deposit, on the date of his death Richard Flynn claimed he was responsible for the death following an argument although he gave various accounts of the reason for the argument,he was brought before the court but the Judge directed that he be found not guilty as the defence raised a query as to the cause of death. Many questions have been raised particularly by the Molloy family in the years since Fr Molloy’s death but given that the principal witnesses Richard and Therese Molloy are deceased as indeed are many of the state witnesses then as time passes the likelihood of getting to the truth diminish, further complicated by a badly managed investigation and a break in at the DPP’s office during which the files were stolen by Martin Cahill, not to mention the handling of forensic evidence . The Molloy family have suffered greatly and it is tragic that the truth did not win out but unless someone comes forward with direct evidence then it is unlikely they will ever get answers.
@Phillip Maguire: if you can’t say here, it can’t be said anywhere.
I know there’s a lot of questions about this case but what is it about the Mary Boyle case that’s similar?
@Karl: AGS lackey.
@Phillip Maguire: another great contribution
@Karl: How?
I think the new commissioner has his work cut out for him
@Dean Anderson: judging a 1985 investigation by 2018 standards.
@MerryLounyMcDonald: the guards didn’t have storage facility back then and they still don’t have it.
@MerryLounyMcDonald: yeah really? And you think that there was no cover up involved here ? Think again
@Michael farrelly: person was charged and a judge decided to direct a not guilty verdict..stinks to high heaven…but judging the treatment of exhibits in 1985 by 2018 standards is nuts.
@MerryLounyMcDonald: the standards of the time were not follwed. The year is completely irrelevant
@ChuckE: how so?
@Dean Anderson: He’s an expert at cover up. That’s why he got the job.
@MerryLounyMcDonald: What I can’t understand is if a trial goes before a jury how can a judge direct them to find a person not guilty and if this is the case can a judge direct the jury to find someone guilty.
@Derek Poutch: no he can’t direct a guilty verdict…there is another article today about a judge directing a not guilty verdict.. usually done if evidence is lacking or very weak case and a conviction would not be safe…the Judge in Fr Molloy case moved in the same circles as the accused and should never have presided in the case.
@MerryLounyMcDonald: price of a metal cabinet with a lock mechanism ?
@Quentin Moriarty: 1000s of cases 100,000s of exhibits and statements..the Guards handle more than one case a year.
@Derek Poutch: no, to be found guilty both judge and jury must agree. It’s too prevent miscarriages happening.
There’s been cases where blatant guilty people have been found innocent purely because juries sympathised with them
@Quentin Moriarty: the Veronica guerrin base alone fills 9 filing cabinets.
That’s 1 murder case.
@MerryLounyMcDonald: murder cases in each county in 1985?
Aye right, they ‘lost’ the files. This will be very familiar to Drew Harris. His former employers were adept at ‘losing’ files, evidence, weapons, records, schedules and officer’s recollections.
Love to know what was in those six black bin bags garda commissioner martin Callinan shredded after he resigned. It seems not only can you get away with murder in Ireland but if the investigating garda retires soon afterwards current legislation prohibits Gsoc asking questions.
Wonder if the family sought justice through European courts would any question be answered.
@leartius: don’t comment if you don’t understand.
Laws can’t be backdated to apply to situations that happened before. If a Garda retires now he can still be investigated by gsoc.
(Fyi, gsoc can’t investigate non gardai)
Only for the local Garda Sgt called out hours after the assault happened showed integrity there wwould have been a total cover up.
After that the wheels were set in motion to protect the people who matter from any consequences, as regularly happens in this country.
Theresa Flynn was tight lipped ,said nothing and kept facts from being revealed and took them to her grave
She was present in the bedroom that night .
I think that the Gardai of today have advanced significantly from the force of the 1980s, not just in terms of technology but in terms of education, ability and professionalism in every aspect of police work. There is still more to do to reach a best practice police model but that journey is well underway.
The truth is that most police forces around the world in the 80s were very micky mouse when compared to today
Same people criticising the gardai be strangely silent when there’s an article highlighting good work.
Agendas and ulterior motives indeed
@David McShite: some of them.
@Karl: A corrupt government needs a corrupt police force or neither will thrive.
The country has just that.
@Dave Doyle: no, no it doesn’t.
The gardai were going on strike not so long ago FFS!
@David McShite: you are an expert on most forces..you must be irish..
Another reason to disband the guards and form another police service that serves its citizens and not those at the top.
@John Flynn: and where will these 15000 new police come from overnight?
I maintain my faith in the Gardai – there was no deliberate attempt to destroy the files, this was sheer incompetence, carelessness and disorganistation.
@alphanautica: I wouldn’t be so sure. It’s possible there may have been attempts to thwart the investigation a a local level. The incompetence, carelessness and disorganistation certainly made it easier to happen.
Sheer incompetence carelessness and disorganisation!!! And you have confidence in them?
@CrabaRev: You can be sure that if the ‘elites’ in this country are competent at anything it is at avoiding responsibility for the messes they regularly make.
Systemic failure i presume .
Little point in criticising something from 30 years ago when it’s not how investigations are conducted today.
If the same bad handling remained the method still used, then it would make sense.
@Karl: I see you had a fit on an article on May 25th about Garda overtime too, you musn’t be the most subtle member of AGS around.
@Karl: 1985 was not exactly the middle ages. Basic police procedures were not followed.
@Phillip Maguire: your point? Other then the fact that I know what I speak about
@Bill Maher: absolutely correct but what’s the point in giving out to present gardai investigating cases in 2018 about it?
Gardai, gsoc and the dog on the street knows it was a shambles but ags has long ago admitted that and brought in much more comprehensive systems now.
Still make mistakes? Of course, just like all humans do.
@Karl: people on here are talking about how things have improved.that must the joke of the day.we have only to think back a few years two garda commissioners and two ministers had to be forced to retire should have have been dismised without any pensions and some people on here think we have a good police force. what i am reading here make me think that if a person commit murder 30 years ago you wont need to do time
So okay, okay, lets pretend , I’m a REAL reporter and I write in and I ask what were storage facilities were available in that station during that period, how did a fella commonly store such items at that time. I’d say that report then would look like an awful inept document bashing the decent.
Hopefully a new broom will speak truth to all
I cannot understand alot of the people on here seems to think that we have a good police at present their heads must be in the sand.Do they not realise what is happening at present.Over the past few years We have saw two garda commissioners and two ministers been forced to retire wake irish people
retire and cover up is part of law …oh my God the state gang are evil
retire into hiding as a cover up wow can then that made that law be put in jail
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