Varadkar criminal investigation now likely to continue well into 2022

Ongoing commentary from witnesses ‘not particularly helpful’, commissioner says

AGSI general secretary Antoinette Cunningham, Garda Commissioner Drew Harris and AGSI president Paul Curran at the  AGSI annual conference in Killarney on Tuesday. Photograph: Don MacMonagle
AGSI general secretary Antoinette Cunningham, Garda Commissioner Drew Harris and AGSI president Paul Curran at the AGSI annual conference in Killarney on Tuesday. Photograph: Don MacMonagle

The criminal investigation into Tánaiste Leo Varadkar’s leaking of a confidential proposed GP contract to his friend Dr Maitiú Ó Tuathail looks set to continue into next year.

A file on the case has yet to be sent to the Director of Public Prosecutions (DPP), whose office decides whether or not to proceed with criminal charges.

Informed sources said that even if the file was sent very soon, the DPP was likely to take a number of months to decide whether any charges should be pressed.

It means the controversy, and the wait for a decision on potential charges against the Fine Gael leader, is likely to run on well into the new year.

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Mr Varadkar has previously said he provided a copy of the proposed GP contract to his friend Dr Ó Tuathail in April 2019. The contract contained details of the deal the then government had provisionally agreed with the Irish Medical Organisation (IMO). Dr Ó Tuathail was president of the rival National Association of GPs at the time.

While he last year apologised for “errors of judgment”, he has said his legal advice was that he did not commit a criminal offence. He has said he does not believe charges will be brought against him.

Public commentary

The investigation has provoked significant public commentary, including by some of the people who claim to have given information and statements to gardaí and who would likely be called as witnesses in the event of a trial.

Asked on Tuesday if that commentary from potential witnesses would in any way damage the process, Garda Commissioner Drew Harris said: "It's not particularly helpful.

“It’s an going investigation and I received an update on its progress last week, in terms of the entire investigation. And we intend to finish our investigation and obviously report the matter to the Director of Public Prosecutions.”

Mr Harris was speaking to the media in Killarney, Co Kerry, on the second day of the Association of Garda Sergeants and Inspectors (AGSI) annual conference.

It emerged at the conference that correspondence and some social-media posts sent to AGSI general secretary Antoinette Cunningham were under investigation by the National Bureau of Criminal Investigation (NBCI). The alleged harassment was directed at Ms Cunningham as recently as this week.

Domestic violence call-outs

Meanwhile, the AGSI conference was told that gardaí were experiencing a large increase in the number of domestic violence call-outs but new units established to deal with vulnerable victims have not yet been trained properly.

Sgt Michael Bracken, from the Cavan-Monaghan division, called for training immediately for all members of the divisional protective services units, which have been established to investigate sexual and domestic crimes.

He also said all Garda members, and not just the specialist units, should have a role in combating and investigating domestic violence.

Those dedicated units were already “under pressure” due to the increase in cases as people were more aware of domestic violence and coercive control and the help that was on offer for victims, he said.

Conor Lally

Conor Lally

Conor Lally is Security and Crime Editor of The Irish Times