The Garda Commissioner, Mr Pat Byrne, has appointed a senior officer from outside the Roscommon area to investigate matters arising from a court decision to drop serious assault charges against a garda's son.
Chief Supt John Carey, from Castlebar, has been appointed to inquire into the handling by gardai of the case against Mr Oliver O'Regan at Castlerea District Court, Co Roscommon.
According to the Department of Justice, no inquiry has been sought from or initiated by the judicial authorities.
Speaking in Ennis, Co Clare yesterday, the Minister for Justice, Mr O'Donoghue, said that if any wrongdoing emerged as a result of the investigations he would "not hestitate" to take action. However, the solicitor for the man at the centre of the case has said there is no reason for any inquiry.
Mr Gerry Gannon, the solicitor representing Mr O'Regan, told The Irish Times that the raising of the case in the Dail by Fine Gael's spokesman on justice, Mr Jim Higgins, was "a ball of wax. Because people made mistakes they want to blame the judiciary," he said. "Everything was above board."
Following the incident in October 1997 when the alleged assault took place, his client, Mr Oliver O'Regan, was arrested under Section 4 of the Criminal Justice Act. He gave a lengthy statement, Mr Gannon said, naming a number of people who had assaulted him.
His father, Mr Michael O'Regan, was a serving member of the Garda Siochana at the time and was concerned that an objective investigation should take place. "He instructed me to write to the gardai suggesting a number of people who should be interviewed," Mr Gannon said.
The case came up in March and Mr Gannon was present with his client and a number of witnesses. "My client was the only person being prosecuted. Part of our defence was that there was a lack of objectivity in the prosecution," he said.
He said that at this hearing the Garda superintendent told the court he was seeking an adjournment because he was not satisfied with the investigation. "I stood up and complimented him on his statement. He is an honourable man," said Mr Gannon. "I opposed the adjournment as I had a number of witnesses and was ready. I pressed that the case be dismissed."
This was granted by District Justice Bernard Brennan but he pointed out that the prosecution could re-enter the case.
Further investigations were carried out and a new summons issued for December. At that hearing Mr Gannon asked to have the case dismissed on two grounds: because this was a new summons based on a new investigation, and because six months had elapsed since the incident, it was statute-barred; the delay prejudiced his client's constitutional rights.
"The judge said he would ask each side to make written submissions on the issue of delay," Mr Gannon told The Irish Times. "He said he would give his judgment on January 15th and if he held for the prosecution on this question, have the full hearing in February."
Asked why the Roscommon Herald had reported that the case was adjourned until February, Mr Gannon said that he was quite clear that the decision on the submissions would be given at the January sitting of the court. The hearing, if it was to go ahead, would be in February, he said.
"It was logical to deal with the preliminary point before the hearing in case he decided to throw it out," he said. "We would have to bring witnesses to a full hearing. I was there. I entered the January date in my diary. I had no other business to be there in January. I knew it was listed."
Mr Gannon made a nine-page submission on the question of the delay and presented it to Judge Brennan on December 23rd. He said he gave a copy of it to gardai a day or so before the hearing, with a letter referring to the fact that a judgment would be made on this point at the January sitting.
"When the case was called I said `you have my submissions'. An inspector stood up and said he understood it was coming up at the February sitting. Judge Brennan said he was making a judgment on the submissions and if it was proceeding it was going to a full hearing in February.
"He said he had seen my nine-page submission and was holding in favour of it and was striking the case out. The prosecution had no submission in."
Judge Brennan was not available for comment.