Gardaí are reviewing a number of complaints about RTÉ that have been received in the last week, The Irish Times has learned. The complaints, requesting the Garda investigate the governance and payments controversy within the national broadcaster, have been received at Garda Headquarters, Phoenix Park, Dublin.
The force’s Garda National Economic Crime Bureau (GNECB) has been asked to review the complaints, while others in the Garda organisation are very closely monitoring the continuing developments and revelations relating to RTÉ. The work by the bureau is a “review” of the complaints, rather than any criminal investigation having yet been opened.
Garda sources were clear no criminal investigation is currently under way. Instead, the correspondence, or complaints, received are being studied to establish their background and the veracity of the details contained within them. If, after review, they warrant criminal inquiry, the process will be upgraded to that of a criminal investigation.
In reply to queries, Garda Headquarters said: “Any complaints received by An Garda Síochána will be examined to determine if a criminal investigation is warranted. No criminal investigation has been initiated.” It added it had “no comment” to make about whether some allegations or complaints had been received and were being reviewed to determine if a criminal investigation should take place.
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However, The Irish Times has learned a small number of complaints have been received and were now under review by the GNECB, which investigates alleged frauds and other economic crimes.
Last week, Garda Commissioner Drew Harris said if any matters arose relating to the ongoing RTÉ controversy that required investigation, gardaí would act. He said if anyone had any allegations to make, they should contact the force and set out their complaint. He was speaking to the media at the time after a public meeting of the Policing Authority in Drogheda, Co Louth.
The controversy around RTÉ began over revelations that Radio One presenter and former Late Late Show host Ryan Tubridy had received payments not included in the figures released annually by RTÉ setting out the remuneration of its top earners. However, since the initial revelations, a range of other matters relating to governance and expenditure within RTÉ have emerged, leading to a deeper crisis for the national broadcaster.
There is no suggestion of any wrongdoing by Mr Tubridy. An independent report by Grant Thornton also concluded there was “no wrongdoing” on his part related to the so-called top-up payments.
On Wednesday, former RTÉ chair Moya Doherty told the Oireachtas committee on Tourism, Culture, Arts, Sports and Media the national broadcaster had been legally advised there was “no fraud involved” relating to any of the activities within RTÉ now under examination. However, she conceded there was a “lack of transparency” and some actions had been “misguided and misleading” but “under the legal advice right now” RTÉ was satisfied “no fraud has been committed”.
However, RTÉ's interim deputy director general, Adrian Lynch, also told the committee hearing “if any fraud was committed, of course we would welcome an investigation” by the Garda.
The fact that complaints have been received by the Garda, and were being reviewed, does not contradict those statements by Ms Doherty or Mr Lynch. However, news that complaints have been received and were being reviewed confirms for the first time the Garda was now acting on complaints made about RTÉ, in the shape of a review or scoping exercise.
The Garda took the same review, or scoping exercise, approach to allegations relating to the leaking in 2019 by Taoiseach Leo Varadkar of a draft GP contract to the now defunct National Association of General Practitioners. Those allegations were initially reviewed to determine if a criminal investigation was required.
That initial review process was later upgraded to a criminal investigation, which concluded in a file on the case being sent to the Director of Public Prosecutions. However, no charges were recommended by the DPP at the end of the investigation and Mr Varadkar always maintained he had never broken the law.
At present, the Garda is also carrying out an initial review, or scoping exercise, into allegations that Fianna Fáil TD Niall Collins breached the Local Government Act 2001. Those allegations relate to alleged actions by Mr Collins, while a councillor, before the eventual disposal by Limerick County Council of a parcel of land to the wife, Dr Eimear O’Connor, in 2008.
The review of those allegations remains ongoing and no decision has been reached around whether a criminal investigation is required. Mr Collins has strongly denied ever breaching the law.
