The judicial inquiry into the death of garda sergeant Michael Galvin will examine the precise processes followed by the Garda Síochána Ombudsman Commission (Gsoc) during their inquiry into an incident involving a road death in January, Minister for Justice Frances Fitzgerald has said.
She said it was in the public interest and the interest of all those involved in the original investigation to carry out an independent judicial inquiry.
“I made the decision having considered all the facts,” said Ms Fitzgerald. “I have the authority to ask the Chief Justice to appoint either a judge of the Supreme Court or the High Court to examine all of the circumstances and to bring a report to me.”
She told RTÉ Radio on Friday the judicial investigation could be carried out “in a relatively short period” of time.
Ms Fitzgerald announced on Thursday evening she would initiate an inquiry by an independent judicial figure into the conduct of the Gsoc investigation into the death of Sgt Galvin.
The Garda Representative Association (GRA) had said there were concerns within the force that stress endured by Sgt Galvin following an inquiry into his actions during an incident in January, undertaken by the commission, may have influenced his decision to take his own life.
Sgt Galvin and two colleagues who spoke to a woman in Ballyshannon, Co Donegal, just minutes before she was killed by a passing vehicle early on January 1st last, were interviewed about her level of intoxication when they left her in the street and drove on.
Increasing pressure for an independent investigation into the incident has been coming from the GRA, the biggest Garda representative group, the deceased’s widow and the Association of Garda Sergeants and Inspectors (Agsi).
Ms Fitzgerald told the Morning Ireland programme that the judge appointed to the judicial inquiry would have the powers of a High Court judge to enforce the attendance of witnesses and compel the production of records.
She said Gsoc had been very open when the discussing the approach they had taken with the original investigation.
“I think this will be helpful for all involved, to have the facts laid out clearly,” she said. “If there is a lesson to be learnt, so be it.”
Ms Fitzgerald said the Garda Ombudsman had taken the decision itself to have the original investigation and actions peer reviewed.
“That was a positive approach that they took. They realised immediately that somebody outside should be brought in.”
In a statement on Thursday, Gsoc said it felt much of the commentary surrounding the case had been “misleading, inaccurate and inflammatory”.
“We are convinced that our interaction with the late Sargent Galvin was proportionate and reasonable,” it said.
“We have come to believe that we need a stronger vindication of the appropriateness of our interactions with Sergeant Galvin.”
It agreed a Section 109 inquiry was appropriate and that “in that context we do not believe that it is reasonably practicable for us to continue with our investigation”.
