The Minister for Justice Frances Fitzgerald has ordered a judicial inquiry into the death of a garda sergeant following mounting calls for the Garda Síochána Ombudsman Commission (Gsoc) to cease its own inquiry.
The Garda Representative Association (GRA) said there were concerns within the force that stress endured by Sgt Michael Galvin following a criminal inquiry into his actions during an incident in January, undertaken by the commission, may have influenced his decision to take his own life.
Increasing pressure for an independent probe was coming from the GRA, the biggest Garda staff group, the deceased’s widow and the Association of Garda Sergeants and Inspectors (Agsi).
Last night, Ms Fitzgerald appeared to bow to these calls, saying she would initiate an inquiry by an independent judicial figure, in accordance with Section 109 of the Garda Síochána Act 2005 into the conduct of the original Gsoc investigation.
The Chief Justice will be invited to nominate either a High Court or Supreme Court judge to conduct the inquiry.
“The Minister welcomes the fact that the Gsoc investigation into the death of Sgt Galvin has been discontinued,” a statement said.
Her decision followed “ highly constructive and beneficial” meetings with Gsoc and the Agsi.
In its own statement, 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”.
On Thursday, Taoiseach Enda Kenny said: “This is a tragedy, a very tragic case and my sympathies and condolences to his good wife and young family.”
The GRA, which represents almost 10,000 rank-and-file gardaí in a force of 12,800, said Sgt Galvin’s family, friends and colleagues could only have confidence in the inquiry into his death if it was independent.
Gsoc has already begun an investigation into Sgt Galvin's death by suicide at Ballyshannon Garda station in Co Donegal in the early hours of last Thursday. The case was referred to Gsoc by Garda Commissioner Noirin O'Sullivan.
It had said it would ask a police oversight agency from another jurisdiction to conduct a peer review of the inquiry.
It had also said it was putting plans in place for a similar peer review into its investigation of Sgt Galvin’s role in dealing with an intoxicated woman in Ballyshannon on January 1st just before she was fatally struck by a taxi.
Sgt Galvin was on duty with colleagues in Ballyshannon in the early hours when they stopped their vehicle to assist an intoxicated woman sitting in the road. They left the woman after a short period to answer an unrelated call-out. Ms Stewart was struck by a vehicle soon afterwards.
Sgt Galvin told Gsoc she had been on the pavement rather than the road when he left the scene. However, when an apparent discrepancy arose between that evidence and the CCTV footage of the incident, a criminal inquiry was begun and Sgt Galvin was interviewed under caution by Gsoc on May 20th.
Within one week he was cleared of any wrongdoing. However, while that conclusion was reached on Wednesday of last week he took his life the following day without ever having been informed he had been cleared.
The GRA had said that peer review was not enough for Sgt Galvin’s widow Collette and the wider family considering the “pain and trauma” they have endured.
“Garda colleagues in the northwest, and nationwide, are dismayed that Gsoc be regarded as an appropriate agency to investigate the death of Sgt Michael Galvin, who was highly regarded by those gardaí who had the honour of working with him,” said the GRA in a statement.
“Sgt Galvin had been under investigation by Gsoc along with other members of Garda rank. We fear that the stress of this made some significant contribution, in whatever way, to this tragic loss.
“We fully support our colleagues in the Association of Garda Sergeants and Inspectors in their call for independent investigation of Sgt Galvin’s death – and this must include the conduct of Gsoc in their investigation of Sgt Galvin.”
Ms Galvin suggested at her husband’s funeral on Monday that he had been subjected to a “horrendous” investigation by Gsoc.
Agsi general secretary John Redmond said Ms Galvin had grave concerns about the way Gsoc conducted itself when dealing with her husband and that she did not want it to investigate the circumstances of his death.
