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Father Niall Molloy's brother Billy, with a photo of the priest in 1986. Rollingnews.ie

'Adds insult to injury': Gsoc highly critical of gardaí for losing files in Fr Niall Molloy probe

Gsoc has published a scathing report into deficiencies in the investigation files into the priest’s murder.

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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    Mute The Green Monkey
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    Feb 3rd 2016, 6:06 PM

    Used to listen to Newstalk but Chris Donaghue does my head in with his politically correct büllshit…….

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    Mute Papasmurf
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    Feb 3rd 2016, 6:09 PM

    I stopped due to him too. That, and Moncrieff is trying too hard these days.

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    Mute Len Brennan
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    Feb 3rd 2016, 6:18 PM

    If there is a PC bandwagon doing the rounds you can be sure that Sean Moncrieff will be on it. A decent enough interviewer though. I’ll give him that. That said it, most of the people he interviews are book-pluggers.

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    Mute Oran Joyce
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    Feb 3rd 2016, 6:25 PM

    Chris Donoghue personifies the modern politically correct ‘New Man’.
    Incapable of uttering an honest opinion on anything.

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    Mute Papasmurf
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    Feb 3rd 2016, 6:26 PM

    He doesn;t have an opinion. He suckles on Ivan’s tittie.

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    Mute Tom Burke
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    Feb 3rd 2016, 6:32 PM

    Sean Montcrieffe has a problem with the letter ‘E’

    University becomes UnivUrsity

    Have a listen.

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    Mute Carm(Little Vampire)
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    Feb 3rd 2016, 6:50 PM

    I used to listen to newstalk breakfast also but for me Ivan did my head in.

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    Mute Bobby Phelan
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    Feb 3rd 2016, 6:57 PM

    Rte lies and propaganda https://youtu.be/aG7JmlQXBt0

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    Mute prop joe
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    Feb 3rd 2016, 8:52 PM

    It’s Ivan does my head in. Too much blue shirt propaganda.

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    Mute Louis Jacob
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    Feb 3rd 2016, 9:36 PM

    Even without Kenny? Funny the way they tried to convince us they couldn’t do without him when he was on 90K a year.

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    Mute Foghorn Leghorn
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    Feb 3rd 2016, 5:51 PM

    That breakfast republic is torture, all they play is cheesy shite dance crap you hear in every girls clothes shop.
    I blame Jennuendo Maguire

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    Mute Papasmurf
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    Feb 3rd 2016, 6:08 PM

    Now would be a good time to cut RTE’s budget again then. Let them compete in the real world.

    These figures mean nothing as is. The true success story here is that Newstalk are, on a shoestring budget, a tiny tiny fractions of the resources and finances, are solidly competing with RTE.

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    Mute Tom Burke
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    Feb 3rd 2016, 6:17 PM

    For music stations we need to go the way of the Americans and play music.
    Nobody wants to hear a DJ.
    That was ok 20 years ago before the internet. Peoples heads are too full of media commentary.

    They want peace.
    That’s why people are tuning in to Phantom.
    Less is more.

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    Mute Proinsias Ó Foghlú
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    Feb 3rd 2016, 7:03 PM

    I’m surprised at how small Lyrics listenership is, I find myself listening to it more and more, except for John Kelly who can play some woeful arty farty shite.

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    Mute Dot Com
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    Feb 3rd 2016, 5:50 PM

    Never a more accurate head line on the Journal, RTE is Pro Fine Gael.

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    Mute Johnneary
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    Feb 3rd 2016, 6:04 PM

    €290 million in tv licence fees should give them just a slight advantage over the competition.
    Roll on truthful alternative media.
    Roll on the infowar.

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    Mute Beano
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    Feb 3rd 2016, 6:09 PM

    I can safely say I have never listened to any RTE Radio 1 show apart from the odd news or sports bulletin. Can’t stand any of the presenters. Bunch of overpaid talentless idiots

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    Mute Paul Mc Manus
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    Feb 3rd 2016, 6:34 PM

    How do u know if you haven’t listened to any of them? I don’t listen either but I can’t say anymore than that.

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    Mute John R
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    Feb 3rd 2016, 6:51 PM

    Beano given that you have such strong optimists on RTE which you never listen to according to yourself I just wondering if you have any strong opinions on books you haven’t read or movies you haven’t seen that you want to share with us?

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    Mute Beano
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    Feb 3rd 2016, 6:58 PM

    I’ve watched Duffy, Finucane, O’Callaghan, D’Arcy on telly and thought they were all $hite. I think it’s a fairly accurate assumption to think that they will also be $hite on the radio. Are you saying they’re not?

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    Mute Johnneary
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    Feb 3rd 2016, 11:59 PM

    Good judge of character Beano.
    Spot on!!!
    Overpaid Dry Handpuppet Lackeys.

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    Mute Ben Connolly
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    Feb 3rd 2016, 6:05 PM

    RTE should be scrapped

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    Mute Len Brennan
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    Feb 3rd 2016, 7:03 PM

    Sink or swim. Cut them loose. RTE takes vast amounts of public money to allegedly provide a public service AND they take money for colossal amounts of advertising. The RTE player is basically unusable now with all the advertising on it. Where is all that money going to? Into the pockets of the friends and relations, and of course their ”stars”.. The same talentless ”stars” that wouldn’t be poached to make the tea at a local radio station in Moldova, never mind the BBC.

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    Mute watersedge
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    Feb 3rd 2016, 6:08 PM

    Ryan Tubridy is FF, Miriam O’ Callaghan is FF. The media giant’s right hand woman Lucy Gaffney is going for top RTE job.

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    Mute watersedge
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    Feb 3rd 2016, 9:51 PM

    Any people like Miriam who has a brother running in the elections for ff should step aside during the elections and that goes for any one else in RTE. It is the state broadcaster and should be neutral.

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    Mute Ger McCarthy
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    Feb 3rd 2016, 6:57 PM

    RTE lost two of their best when they SHAFTED John Clarke & then let Alf Mc go too

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    Mute John
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    Feb 3rd 2016, 5:51 PM

    Can’t wait to pay my broadcast licence in 2016

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    Mute Oran Joyce
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    Feb 3rd 2016, 6:21 PM

    There was a European Court ruling a few years ago that state funded media outlets were not to engage in ratings wars.
    Doesn’t seem to have had any effect on the chiefs at Montrose though.
    The real test?
    Take away the license fee. let these people stand on their own two feet on a level playing field.
    Doubt if RTE would even make the top four.

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    Mute Ted Logan
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    Feb 3rd 2016, 6:32 PM

    Agreed Oran,

    The are lots of instances where State funding or tax exempt status needs to be reviewed and removed. The two biggies being RTE and the RC Church.

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    Mute Gareth Stewart
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    Feb 3rd 2016, 8:24 PM

    When Bowie died, I heard ‘music’ on the radio for the first time in years. I guarantee Eurovision 2016 selection is one big free promo for a Nicky Byrne album down the line. RTE are an embarrassment.

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    Mute Pat Gorman
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    Feb 3rd 2016, 6:25 PM

    I grab the morning news headlines on RTE Radio 1 and then switch over to BBC Radio 4 or LBC London.
    I usually switch away when they start repeating the mantra “RTE Supporting the Arts” over and over and over again ad infinitum.
    I heard that mantra repeated 5 times in 5 minutes a few months back.
    (Reminds me of the “Allah Akbar” you hear endlessly on Middle East news reports).
    I hit the button.

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    Mute Paul Wallace
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    Feb 3rd 2016, 6:20 PM

    Joe Duffy is amazing, I love listening to Irish people moaning !

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    Mute iohanx
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    Feb 3rd 2016, 5:55 PM

    Now, if only we had a left wing radio station we could infer an election result.

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    Mute Rebecca De Stanleigh
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    Feb 3rd 2016, 10:59 PM

    Matt Cooper brings me home everyday. He’s my fave.

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    Mute Strong silent type
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    Feb 4th 2016, 2:56 AM

    Cooper is – like all Newstalk presenters – a DOBshite, all their integrity as journalists is completely compromised as long as they live off the purse strings of their media oligarch despot of a boss.

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    Mute Tim Brennan
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    Feb 3rd 2016, 5:51 PM

    Maybe but they extremely one sided

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    Mute FlopFlipU
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    Feb 3rd 2016, 10:15 PM

    Bbc 4 extra great station

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    Mute indominds
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    Feb 3rd 2016, 7:52 PM

    RTE Supporting the Arts?
    Like dropping Lyric FM’s hour-long Jazz Alley presented by Donald Helme..
    One hour of jazz a week which used to be 90 minutes.
    Another example of mediocrity in management.

    http://chn.ge/1nNKgAN

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    Mute Peter Redmond
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    Feb 3rd 2016, 6:04 PM

    Good results or Journal reprinting hype ?

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    Mute Tom Burke
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    Feb 3rd 2016, 8:19 PM

    ‘Everybody needs a bosom for a pillow’
    Why can’t I stop singing that line.

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    Mute Len Brennan
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    Feb 3rd 2016, 9:08 PM

    Damn you, now it is in my head.

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    Mute Brian Deane
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    Feb 3rd 2016, 8:27 PM

    Pardon me but I thought that the first paragraph said that more than half listen to a local radio station and 46% listen to a national station. By this reckoning the local radio secttor is beating the pants off the national celebrity sector! What follows then is a blow by blow account of ratings for our failing national ego celebs! Strange reporting of the facts but nothing new for the Irish media?

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