A man arrested for questioning as part of an investigation into the attendance of a Garda Síochána Ombudsman Commission (Gsoc) investigator at a party for Gerard Hutch has been released without charge.
The man, aged in his 60s, who was arrested by gardaí on Thursday, had been held for questioning under Section 4 of the Criminal Justice Act. The investigation is being carried out by detectives from the National Bureau of Criminal Investigation.
On Friday morning, gardaí said the man had been released without charge from the provisions of Section 4 of the Criminal Justice Act 1984.
A file will now be prepared for the office of the Director of Public Prosecutions.
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The arrest has been made as part of an inquiry into a possible breach of Section 81 of the Garda Síochána Act, which prohibits the release of information by members or officers of Gsoc.
That section of the legislation states: “A person who is or was a member or officer of the Ombudsman Commission or who is or was engaged under contract or other arrangement by the Commission shall not disclose, in or outside the State, information obtained in carrying out the duties of that person’s office or of his or her contract or other arrangement with the Commission if the disclosure is likely to have a harmful effect.”
The Garda inquiry began on Monday, a week after a Gsoc investigator informed his colleagues he had attended a party held for Hutch in a house in north Dublin to celebrate Hutch’s acquittal for the murder of David Byrne. When he was informed an internal inquiry was starting and that he was being suspended and his phone would be examined as part of the inquiry, he resigned.
A report on the matter was compiled by Gsoc for the Minister for Justice Simon Harris and Gsoc also referred the matter to the Garda for review.
In a statement, Garda Headquarters confirmed the arrest had taken place on Thursday morning and that a search had also been carried out at a private residence in Dublin 3.
“A male has been arrested on suspicion of an offence contrary to Section 81, Garda Síochána Act, 2005,” the Garda statement added. “The male, in his 60s, is being detained at a Garda station in the east of the country under section 4 Criminal Justice Act 1984. As this is an ongoing criminal investigation An Garda Síochána has no further comment at this time.”
Speaking to reporters at the Prison Officers Association annual conference, the Minister for Justice said: “I have said since first becoming aware of this that if there is any potential criminal wrongdoing, the only place for this to go in terms of investigation was an Garda Síochána.”
