State failing in its duty to enforce law

 

By Anthony Sheridan

The following very serious allegations of criminal activity emerged during the recent Sean Fitzpatrick trial.

The deliberate destruction of evidence.

The coaching of witnesses.

The altering of witness statements.

The former solicitor for the Office of Corporate Enforcement (ODCE), Mr. Kevin O’Connell has admitted that he destroyed evidence.

It has been accepted by the current Director of ODCE, Mr. Ian Drennan, that senior members of his staff participated in the coaching of witnesses and the altering of witness statements. It has also been acknowledged that the former Director of ODCE, Mr. Paul Appleby was involved in some of these activities.

The following three facts also emerged during the Sean Fitzpatrick trial.

One: That Garda Chief Superintendent Patrick Lordan, head of the Garda National Economic Crime Bureau was aware that solicitor with the Office of the Director of Corporate Enforcement (ODCE), Mr. Kevin O’Connell, had admitted in sworn evidence that he had destroyed documents relevant to the criminal proceedings against Sean Fitzpatrick.

Two: That Supt. Lordan, after discussing the alleged crime with a colleague deemed it was not necessary to launch a Garda investigation.

Three: That the whole issue (the destruction of evidence) was outlined to Judge Mary Ellen Ring and she did not indicate that any issue should be raised with the Garda.

To my knowledge Garda officers do not have the power to decide whether or not an alleged crime should or should not be investigated. To my knowledge such decisions come strictly within the remit of the Director of Public Prosecutions.

It is deeply disturbing that a judge, on being informed that evidence in a criminal trial had been deliberately destroyed, would not instruct the Gardai to investigate the matter.

It seems clear to me that the law enforcement agencies of the State are failing to act in an appropriate manner in response to the alleged crimes as outlined above.

With that in mind I have submitted the following complaints:

One:

Formal complaint submitted to Cobh Gardai on 10 July concerning the alleged crimes of ODCE solicitor Mr. Kevin O’Connell and other staff members of the ODCE.

Formal Complaint

I wish to formally report the following allegations of criminal activity that emerged during the course of the trial of the former chairman of Anglo Irish Bank, Sean Fitzpatrick.

One: That the former solicitor for the Office of the Director of Corporate Enforcement (ODCE), Mr. Kevin O’Connell, contrary to law, deliberately destroyed documents that were relevant evidence in a criminal trial.

Two: That, contrary to law, witnesses were coached and statements altered by Mr. O’Connell and other senior civilian ODCE staff which resulted in the contamination of evidence.

Both of the above allegations have been accepted as true by Mr. O’Connell and the Director of ODCE, Ian Drennan.

(See attached ODCE press release).

Signed……………………………………………………………………

Anthony Sheridan

Two:

Formal complaint submitted to the Garda Siochana Ombudsman Commission (GSOC) against Chief Supt. Lordan concerning his decision not to investigate the destruction of evidence in a criminal trial.

11 July 2017

To Whom It May Concern:

Please find complaint against Garda Chief Superintendent Patrick Lordan, head of the Garda National Economic Crime Bureau, for failing to properly carry out his duty on coming into possession of significant evidence of criminal activity.

This complaint is based on a report in the Irish Times dated 23 May 2017 reporting on the trial of former chairman of Anglo Irish Bank, Mr. Sean Fitzpatrick (The full report is included below).

Specifically, the complaint is based on the following facts arising in the report.

One:  That Chief superintendent Lordan was aware that solicitor with the Office of the Director of Corporate Enforcement (ODCE), Mr. Kevin O’Connell, had admitted in sworn evidence that he had destroyed documents relevant to the criminal proceedings against Sean Fitzpatrick.

Two:  That Chief Superintendent Lordan wrongly took it upon himself not to investigate the illegal destruction of said documents.

Signed……………………………..

Anthony Sheridan

Note:  It was my intention to make a formal complaint against Judge Mary Ellen Ring for her failure to act on being informed about the destruction of evidence.  Unfortunately, it seems there is no authority in Ireland to which citizens can make complaints regarding the actions of judges.

Copy to:

ODCE

Dept. of jobs, Enterprise and Innovation

Media

 

 

Elaine Byrne/Fergus Finlay: Afraid to condemn their own?

 

 

By Anthony Sheridan

 

Corruption expert Elaine Byrne is correct to criticise members of the Public Accounts Committee (PAC) for their sometimes over-robust comments regarding the Garda Commissioner’s evidence in front of the Committee (Sunday Business Post, 25 June).

But I suspect Ms. Byrne, in common with all establishment journalists, is using the relatively minor issue of comment-happy politicians to avoid facing the brutal reality of police corruption. For nearly twenty years now, beginning with the Donegal scandal, we have witnessed an avalanche of police corruption.

The single most obvious observation regarding this constant stream of corruption within the force is the complete lack of accountability.

No charges, no court cases, no jail time. This is the norm in a dysfunctional democracy like Ireland.

The current Garda Commissioner, Norin O’Sullivan, is continuing this dishonourable and disgraceful tradition of circling the wagons to, effectively, protect the corrupt at the expense of democracy and the interests of the Irish people.

In a functional democracy Ms. O’Sullivan would have been sacked long ago and, in all likelihood, find herself under criminal investigation.

And as I mentioned above, Ms. Byrne is not the only journalist/opinion maker with a disturbing tendency to focus on the irrelevant in order to avoid confronting the disease of corruption that’s rampant among the upper echelons of Irish society.

Fergus Finlay, an uncompromising, loyal supporter of the establishment, has worn his fingers to the bone battering out article after article on his keyboard in response to the never-ending stream of corruption scandals that have caused so much suffering and damage to Ireland and its people.

Yet, much like Ms. Byrne, Finlay never, ever actually identifies the source of corruption in Ireland – the mainstream political system principally made up of Fianna Fail, Fine Gael and Labour.

Indeed, in a recent article Mr. Finlay went out of his way to clearly state that the political system is not corrupt. After nearly wringing his hands off in anguish over the State’s continuing failure to deal with poverty, hunger and abuse of children Finlay absolves the politicians and places the blame firmly with the royal ‘we’.

These things have happened because of the choices we’ve made.

And in case ‘we’ haven’t got the message Finlay hammers it home by dismissing recent political scandals such as that involving Marie Whelan, Mary Mitchell O’Connor and Shane Ross as pathetic parochial pettifogging.

Apparently, there is no connection between political shenanigans (corruption in functional democracies) and the suffering and injustices inflicted on the vulnerable, according to Finlay.

In 20 years’ time, none of those pathetic parochial pettifogging political issues will matter a damn. They don’t matter a damn now.

He goes on:

The Government made a hames of it and the opposition and media are making a meal of it. But that’s all it is — no corruption, no crime, no illegality. Just stupid political mismanagement, made worse as usual because no-one can admit a mistake.

No corruption, no crime, no illegality – just some (innocent) political mismanagement.

This seems to be the rallying cry for establishment journalists like Byrne and Finlay when it comes to defending our corrupt political system.

They simply refuse to acknowledge that (Political) corruption is rampant, (white-collar) crime is rampant and illegality is rampant throughout the upper echelons’ of Irish society.

It is not, I suspect, that they are unaware of the brutal truth but rather that they don’t have the courage to condemn their own.

Copy to:

Elaine Byrne

Note:

It has always been my practice to send a copy of articles I write to those I criticise. Recently however, Mr. Finlay finally lost patience with reading my analysis of his views and angrily blocked me from his twitter account. He had no need to block me; a simple request to desist from sending my articles would have been sufficient.

Here’s the article that so angered Mr. Finlay.

 

 

Gardai under pressure from PAC

 

By Anthony Sheridan

I’ve just been listening to the special sitting of the Public Accounts Committee (Room 3) investigating the scandal surrounding financial irregularities at the Garda College in Templemore.

The atmosphere is more tense and more dramatic than any TV thriller.

Auditors and senior civil servants responsible for making sure the Gardai obey the law, just like the rest of us. are hanging each other out to dry in an increasingly desperate attempt to distance themselves from the overwhelming stench of corruption emanating from our by now hopelessly compromised police force.

I feel strange saying this but the chair of the committee, Fianna Fail TD, Sean Fleming, is doing a great job in getting answers from these very uncomfortable civil servants.

The Committee is on break at the moment but resumes action at 5 pm.

Well worth a listen for the drama and to witness just how rotten our police force and administrative system really is.

 

 

 

An Garda Siochana is a corrupt police force

 

By Anthony Sheridan

I’m in the process of writing an article in response to the latest incidence of Garda corruption.  In the meantime, here’s an article I wrote three years ago in response to Garda corruption.

 

Garda/political corruption – Nothing will change

The Irish Examiner editorial describes the latest revelations in the Ian Bailey case as mind boggling.

That Gardai may have considered paying someone in order to frame a man for murder is described as not only corrupt but almost unbelievable.

The Irish Times speaks of an appalling vista and grave national concern that Gardai may have acted illegally in securing convictions in the courts.

And yet this stuff is old hat, it’s all happened before. Garda corruption in Donegal involved a whole range of crimes including framing a man for murder.

Nobody was charged, some were allowed to retire on full pension and, to my knowledge, just three gardai were fired.

In other words, major criminal acts carried out by police officers and confirmed by an Oireachtas inquiry were effectively ignored.

The political response was exactly the same as the response we are now witnessing in respect of the latest scandals.

Denial, useless internal reports, full support for the Gardai and minister, promises to legislate to prevent it happening again blah, blah, blah….

The then Justice Minister McDowell and his civil servants who drafted and introduced the ‘this must never be allowed to happen again’ legislation must have been complete morons or they deliberately drafted the law to ensure the minister and Gardai remained unaccountable.

I suspect most intelligent citizens would opt for the latter explanation.

So what’s happening now?

Well, editorials are expressing shock and outrage, politicians are expressing their unqualified confidence in the minister and the Garda and everybody is supremely confident that the interim Garda Commissioner, Noirin O’Sullivan, will act decisively to reform the force.

So let’s have a look at what she has done to restored confidence and clean out the corruption that’s obviously rampant within the force.

She has decided to leave in place the punishment meted out to completely vindicated Garda Maurice McCabe by her predecessor.

And she’s conducting a survey to ask rank and file members how the organisation can be improved.

Pathetic and all a bit sad so to finish I’ll express the brutal truth.

Corruption is rampant within the Gardai because our corrupt political/administrative system, by doing nothing, allowed that corruption to flourish.

That rotten system will do nothing in this instance. Things will remain exactly as they are, exactly as they were allowed to remain following the Morris Tribunal.

 

 

Breaking: New minister for investigative judges to be appointed

 

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By Anthony Sheridan

Letter in today’s Irish Times regarding the latest Garda scandal.

 

Sir,

Surely the time has now come to appoint a minister for investigative judges. The said minister would be responsible for keeping us informed of the progress being made by the growing legions of such judges and, crucially, would create yet another firewall for politicians to hide behind.

Otherwise the consequences could be an extremely serious outbreak of democratic accountability.

Yours etc,

Anthony Sheridan

Cobh, Co Cork.

Gardai and unicorns on the M50

 

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By Anthony Sheridan

I’ve just listened to Assistant Garda Commissioner Michael O’Sullivan on Morning Ireland reply to a series of questions about the force.

The Commissioner gave the strong impression that he is the assistant leader of a modern, well funded, highly efficient police force with no problems of corruption within its ranks.

I had to go after the interview so I didn’t hear the following piece about a herd of unicorns spotted on the M50.

 

Fergus Finlay: Still living in cave of shadows

 

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By Anthony Sheridan

The following quote, taken from today’s Irish Examiner, tells us that commentator Fergus Finlay has no credibility whatsoever when it comes to analysing current/political affairs.

I’ve met Noirín O’Sullivan a couple of times, and I have to say she strikes me as someone who is down-to-earth and entirely approachable. She simply has never seemed to me to be the sort of person whose instinct would be to circle the wagons when the force is criticised, but instead to seek to get to the bottom of the problem.

I tend to believe her when she says she has never had any interest in attacking the motivation of Garda whistle-blower Maurice McCabe, or in accusing him of malice.

Before retreating to the safety of his cave of shadows Mr. Finlay tells us that he’s not questioning the work of Irish Examiner journalist Michael Clifford who, Finlay admits, has raised questions of the most troubling kind.

But there is no way Finlay is going to actually analyse these troubling questions. To do so would risk having to deal with the appalling vista that our police force is riven by corruption, cover ups, incompetence, low morale and that at the core of all this dysfunctionality lies the corrupt nexus between policing and politics.

Instead, Finlay, safe in his cave, suggests that the most important issue, overriding all the corruption of recent decades, is the abolition of the bottom two points of the Haddington Road pay scale for junior Gardai.

Meanwhile, the corruption goes on and justice for the victims is as far away as ever.

Copy to:

Fergus Finlay

Gardai and ‘threatening’ water protesters

A standard strategy of blackening the name of an individual or group is to make connections between that individual or group with the illegal or threatening behaviour of others.

Here’s the vice president of the Garda Representative Association Ciaran O’Neill speaking on RTE (5th report) about the relationship between Gardai and water protesters.

People want to see Guards working in their community but when you have a number who are brought off to monitor a protest to ensure that it’s peaceful it does drain other resources and communities are being deprived of policing because of it.

The message here is clear: Those who engage in peaceful, democratic protests are depriving communities of police protection. The clear suggestion is that such protests should stop.

There seems to be a sinister element that are trying to get themselves involved with the protests. It would appear that there is an element that have very nefarious reasons for being there that are anti-establishment, that are trying to cause trouble and are bringing good people whose intentions are just to protest peacefully and are creating violent situations.

Police officers have an obligation to inform citizens, and particularly those involved in the water protests, of who exactly these sinister elements are. What are their motives, their strategies, how exactly are they manipulating peaceful protesters. Throwing out vague references about ‘sinister elements’ without evidence mirrors the political strategy of mainstream political parties.

We have a job to do…but we have people, particularly in respect to the water protests, who are trying to identify members of An Garda Siochana. We’ve had rewards offered to identify where they live and to identify their families and that shouldn’t be happening, that’s not peaceful, that’s not protesting in a proper way, that’s threatening, intimidating.

Threatening a police officer is, to my knowledge, a crime. The Gardai should investigate and bring charges if sufficient evidence is found but it is disturbing to witness a police officer lump in peaceful protesters with a tiny minority who may be breaking the law.

It is reasonable to claim, I believe, that the water protests in Ireland involving hundreds of thousands of citizens are probably the most peaceful, most law abiding protests in recent world history.

Which raises the question – Why is the establishment so determined to blacken the reputation of those involved in such democratic protests?