Subscriber OnlyOpinion

The bizarre case of the garda, pensioner and bicycle is a gift to those resisting reform

Gardaí opposed to commissioner’s ‘zero tolerance’ approach now have an opportunity to plead their case

Garda, pensioner and bicylce case: Accounting for the safekeeping and management of property in Garda stations has long been a problem. Photograph: iStock

Conor Brady
Mon Mar 25 2024 - 06:00

There is more to the unhappy tale of the garda, the pensioner, the bicycle and the pandemic than an individual case of bureaucracy gone mad or of an upstanding officer being hounded for performing an act of kindness.

The garda in question has now been wholly exonerated of any wrongdoing. His suspension from duty for three years while this bizarre case was winding its way through the labyrinth of Garda management was inefficient, cruel and utterly disproportionate. And the ultimate vindication of the midlands-based officer does not in any way compensate for the trauma inflicted upon him and his family. It is difficult to conceive of anything more humiliating for a police officer and his family in a small community than to have his warrant card and authority taken away from him.

It is important, nonetheless, to understand the context and the framework within which the narrative of this episode is being presented by some. An undeclared contest is going on between the policing values prescribed by Commissioner Drew Harris and a resistance to those values which still actuates not a few gardaí at various levels. Harris has a zero-tolerance approach to wrongdoing among police officers. Many gardaí genuinely believe that the commissioner’s policy has been taken too far and is damaging to policing. Many argue that there has to be greater tolerance and flexibility concerning the conduct of gardaí as they discharge an increasingly difficult role in society.

[ Garda at centre of bicycle controversy fully reinstated, now considering legal action ]

[ The garda, the bicycle and the damage done: What exactly happened? ]

Harris inherited a force with a long history of laxity and evasion in certain areas. The virtues and values of the force are many and the people of this State have been well served by their police. The relationship between the gardaí and community has been the envy of many countries. But, to put it mildly, there has not been a universal culture of accountability in the force down the decades.

READ MORE

Again, there is historical context for this. The traditional relationship between gardaí and the community has been easy-going. The Garda way has generally been to exercise tolerance, advise and counsel or warn, rather than taking the route of prosecution in every possible case. This is called “discretion”. In turn, gardaí have counted on these values informing the approach of their supervisors and management. Most gardaí who hold supervisory or management rank understand this and use their “discretion” concerning infringements or lapses. But some do not. And it would appear that in this present case, all sense of proportion was lost somewhere along the line — with regrettable consequences.

Those gardaí who resist Harris’s “zero tolerance” approach have been gifted a perfect example upon which to plead their case. It has played right into their hands and they have lost no opportunity to gain maximum traction from it. It was no accident that all of the mainstream news media were made aware of the full, disquieting details almost simultaneously and carried much the same story. And it is doubly unfortunate that the commissioner should have expressed himself as he did before the Public Accounts Committee on Thursday, apparently suggesting that some aspects of the case have not been disclosed.

[ Garda Headquarters tries to distance Drew Harris from controversial bicycle investigation ]

But it is important to recall the lengthy sequence of scandals and failures that were brought to light over several years before his appointment, tarnishing the force’s reputation and compromising its credibility. The Morris reports on Garda misconduct in Donegal comprised a catalogue of corruption and fabrication. planting of evidence, exploitation of vulnerable people and even the framing of an innocent man for murder. Morris stressed that while its sole focus was on the division of Donegal it could not rule out the possibility of issues in other divisions.

But the root and branch reform that was promised after Morris did not materialise. It was not because successive commissioners did not try. It was because of the considerable ability of a significant proportion of the rank-and-file to frustrate change. Fifteen years later, whistleblower Sgt Maurice McCabe revealed the continuing proliferation of many of the same laxities, abuses and failures in duty that Morris had identified in Donegal.

It is not clear how or why the case of the bicycle, pandemic and old man came to light and turned into an investigation in the first instance. There have been references to a video showing the bicycle being taken out of the Garda station. It has now been made clear that this was an innocent gesture, undertaken by the guard to assist an elderly man in the depths of the Covid pandemic.

However, accounting for the safekeeping and management of property in Garda stations has long been a problem and has been, perhaps, symptomatic of more serious issues. Addressing it is part of Harris’s programme for reform.

Bicycles, wallets, cash, handbags, tools, laptops, phones, clothing, parcels and packages are just some of the items handed in at Garda stations each day. Many stations, especially the older ones, have no suitable storage facilities and property has to be piled in any available space. Every item is supposed to be recorded and then logged out if and when it is claimed. Other items may constitute evidence in criminal proceedings and these have to be recorded, sealed, labelled and put in safekeeping. These procedures may not always be complied with, especially if the public office is busy as it often will be and items will go missing or be damaged.

Little of this comes to light other than in cases where people claim their property has not been returned to them or has been damaged while in Garda keeping. But it is indeed extraordinary that something as inconsequential as a failure to keep a record relating to a used bicycle should necessitate the engagement of high-level management over three years and the deployment of an elite crime investigation unit from Garda Headquarters.

Those who want to moderate or push back on the commissioner’s reform programme have undoubtedly drawn blood. He must now ensure that no other comparable cases can be allowed to develop into the behemoth that materialised in this instance.

  • Conor Brady is a former editor of The Irish Times. He is the author of two histories of An Garda Síochána and was a founding commissioner of the Garda Síochána Ombudsman Commission.
  • Listen to our Inside Politics Podcast for the latest analysis and chat
  • Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
  • Find The Irish Times on WhatsApp and stay up to date
LATEST STORIES