Bríd Smith said she knew nothing about the new appointee, Judge McCabe, and argued his role should be challenged to address the legacy of GSOC. She warned GSOC's independence does not guarantee public confidence and urged speedy action on several legacy cases.
Concerns about GSOC independence
She told the minister that GSOC's independence is presented as a guarantee to the public that complaints will be investigated without fear or favour, but there isn't a guarantee. She noted a high percentage of the public do not see GSOC as independent, citing an earlier complaint involving Deputy Gino Kenny where the complaint was investigated by Gardaí themselves.
Legacy cases cited by the deputy
She named specific cases she said must be dealt with: Shane O'Farrell, Terence Wheelock and George and Kensho. She said she spoke to Lucia within the last hour and reported that Terence Wheelock's father had died last week without ever knowing how his son died in custody in Store Street. The Wheelock family, she added, have re-engaged in a campaign for a public inquiry.
Concerns about delays and precedent
She warned that long delays risk repeating past injustices, referencing Stardust and Bloody Sunday as examples of cases dragged out by state apparatus. She said coroner's report stages must not be allowed to stall progress and victims' families must not be made to wait indefinitely.
Accountability of senior Gardaí and need for visible results
The deputy argued that senior Garda are rarely held to account and that tangible results are required - suspensions, charges or other actions should follow where due. She said the new judge may have skills and experience, but must ensure past failings are addressed so public confidence can be restored.
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I know nothing about the new appointee, Judge McCabe, but I would like to say that I think the role of Judge McCabe should be challenged, not just by what happens in the future, but how he deals with the legacy of GSOC. Number one complaint to GSOC, I can't remember the year, 1990 or 1991, was Deputy Gino Kenny, he wasn't a deputy then, we had RTE footage of him being thrown off a bridge in Bellinaboy at a protest on Shelter Sea by Sixth Gardaí, illegally and violently, and he was number one complaint, I queued up with him that morning and his complaint was thrown out, investigated by Gardaí themselves. And I think when you say, Minister, that the GSOC's independence is the guarantee to the public that the complaints against members of Agartha Shia Khanna will be investigated without fear or favour, there isn't a guarantee, and as has been pointed out by previous deputies, there's a high percentage of the public who do not see GSOC as independent and investigating without fear or favour. And, you know, the specific case of Shane O'Farrell has been mentioned, I spoke to Lucia within the last hour, and I told her that sadly somebody she wanted to meet, which was Terence Wheelock's father, passed away last week, without knowing, ever knowing, how his son died in custody in Store Street. And the Wheelock family have re-engaged in a campaign to have a public inquiry into that young man's death. We also have almost a year now since George and Kensho was killed by armed Gardaí in Blanchardstown, and we don't know where that is going to lead or how long it's going to take. So there's a litany of reasons why the public are not confident in GSOC, and whatever difference the judge who you've appointed makes going forward is most welcome. But there are legacy issues that have to be dealt with, and if we don't deal with them, we're just battening down on the mistrust and the lack of confidence that Joe Public has in Agartha and all the apparatus, all the apparatus around them. So he may bring considerable skills and experience, but the new judge has to ensure that whatever happened in the past has also got to be dealt with. And to that end, I think those three specific cases, the cases of Shane O'Farrell, Terence Wheelock and George and Kensho, although it's still at the coroner's report stage, they must be speedily dealt with and not dragged out longer and longer, like Stardust was, like Bloody Sunday was, like all of those very deeply felt injustices are dragged out by the state apparatus. I just also want to mention the fact that no senior Garda are ever really held accountable for what happens in their watch. And we don't see that as being something that comes in front of us and says this happened and such and such a senior Garda is being suspended or taken off or, you know, up on charges for it. And we have to begin to see results. The fruits have to be, the proof has to be in the pudding and the results have to be seen. Otherwise, there'll be failure after failure and the public will never have confidence in this process. Thank you, Deputy. Deputy Barry.
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