An officer with the Garda Síochána Ombudsman Commission (Gsoc) has resigned amid allegations he was at a party which Gerard Hutch attended on the day that he was cleared of murder charges.
Mr Hutch (60) was found not guilty of the murder of David Byrne at the Regency Hotel in 2016 at the Special Criminal Court on Monday.
It is understood that the Gsoc investigator told a number of people that he had been at a party at a house on Monday evening, which Mr Hutch attended. The claim was subsequently reported to senior management at Gsoc and the officer has since resigned.
The Gsoc is an independent statutory body, established to provide oversight of policing in Ireland. Its primary responsibility is to investigate matters in relation to the conduct of gardaí.
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A spokesperson for the Minister for Justice told The Irish Times that the Department of Justice and the Minister were aware of the incident involving an issue with a staff member but added it would not be appropriate to comment on individual cases.
It is understood that the officer has been involved in a number of high-profile investigations into potential garda misconduct.
A spokesman for Gsoc told The Irish Times that an investigation is continuing.
“Gsoc became aware in recent days of a potential conflict of interest involving a staff member. Gsoc immediately commenced an internal investigation into the matter. The officer concerned has now submitted their resignation and Gsoc’s investigation is ongoing. Gsoc has no further comment at this time.”
Security sources said the Gsoc investigator told colleagues that he had attended a party in Dublin’s north inner city on Monday night and that Gerry Hutch was at the same gathering. Some personnel in Gsoc were concerned at hearing the claims and brought them to the attention of more senior figures within the Garda watchdog agency.
Garda sources said they believed the main social gathering to celebrate Mr Hutch’s acquittal on Monday afternoon for the 2016 murder of David Byrne had taken place on Monday night in suburban Dublin, with Mr Hutch in attendance, and which was several kilometres from the north inner city.
The Gsoc investigator who has now resigned held a position with significant responsibility and investigated allegations of serious wrongdoing, including criminality, made against Garda members. He is a very experienced investigator and had worked with Gsoc for some years.
A Gsoc investigator has almost all the same powers as a member of the Garda, including powers of arrest and to question any gardaí in relation to an ongoing Gsoc investigation. They would also be responsible for preparing files for the DPP and aiding prosecutions by the DPP when Garda members were charged with crimes and brought before the courts.
Gsoc was also expected to make further inquiries, including liaising with the Garda to pinpoint Mr Hutch’s whereabouts last Monday night hours after his acquittal and to establish which of those locations, if any, coincided with the movements on the same night as its now former investigator.
Garda headquarters also said it was aware of the incident.
A garda source told The Irish Times that the details of the allegations would have to be considered and then a determination would be made as to whether there is something there An Garda Síochána needs to examine.
The trial of Mr Hutch and two co-accused ran for 52 days before the court reserved judgment on January 26th last. On Monday, Ms Justice Tara Burns, sitting with judges Sarah Berkeley and Gráinne Malone, delivered their 140-page judgment.
The court said that it was satisfied members of the Hutch family, acting as an organised crime group, were responsible for the Regency attack and the murder of David Byrne, but the case was not proven against Gerard Hutch and he was free to go.
