Minister Fitzgerald publishes GSOC report on Garda measures for dealing with persons remanded in custody

The GSOC report is available on the Department’s website at http://justice.ie/en/JELR/Pages/PB15000375 

Frances Fitzgerald T.D, Minister for Justice and Equality, has today published the report submitted to her by the Garda Síochána Ombudsman Commission (GSOC) into the Garda practice, policy and procedure in relation to dealing with persons who are remanded in custody by a court.

The report makes a series of seven recommendations to strengthen the capacity of the Garda Síochána to operate in relation to remands in custody and to put in place improved liaison arrangements with the Irish Prison Service and the Courts Service.

Minister Fitzgerald has welcomed the plans by An Garda Síochána to develop a new strategy on Custody Management. Further recommendations will be addressed as part of the new Garda ‘Transformation Programme’ which is currently being finalised by the Garda Commissioner.

Minister Fitzgerald stated: “I wish to thank GSOC for this report and I appreciate the work that has been undertaken during the examination.”

“This is an important report and includes valuable and constructive recommendations to address the deficiencies GSOC has identified. I have consulted with the Garda Commissioner and I welcome the plans by An Garda Síochána to develop a new strategy on Custody Management and their commitment to address the other recommendations made by GSOC.”

The background to the report is that Celyn Eadon was released despite the fact that he had been remanded in custody by Castlebar District Court in February 2011. Approximately three weeks after his release Mr. Eadon was charged with the unlawful killing of his mother and in February 2014 he was convicted of her murder.

Arising from the release of Mr Eadon, the Garda Síochána Ombudsman Commission (GSOC) was requested by former Minister, Alan Shatter T.D, to examine the Garda practice, policy and procedure in relation to dealing with persons who are committed to custody on remand by a court.

The GSOC report indicates that the release of Mr Eadon occurred due to a number of deficiencies on the part of the Garda Síochána.  It also states that the Garda role and responsibilities in the relevant areas cannot be viewed in isolation.

Minister Fitzgerald stated: “I very much regret the tragic situation that has occurred. Obviously, the main issue at this stage is to ensure that such a serious breakdown at operational level should not happen again.”

Arrangements have been made to provide a copy of the report to the family of Mr. Celyn Eadon in advance of today’s publication.

ENDS…//

Notes for Editors

In April 2014 GSOC was requested by the then Minister, Alan Shatter T.D., to conduct an examination, under section 106 of the Garda Síochána Act 2005, into the Garda practice, policy and procedure in relation to dealing with persons who are committed to custody on remand by a court.  The report was sought arising from the circumstances in which Mr. Celyn Eadon was released at Castlebar District Court in February 2011 despite the fact that he had been remanded in custody.

In August 2014 Minister Fitzgerald published a report from Judge Michael Reilly of his investigation into the circumstances in which Mr. Eadon was released.  However, for legal reasons, that report did not deal with the relevant Garda-related issues in any detail and they are the focus of the GSOC report.

The GSOC report has identified deficiencies that occurred in respect of Garda communications, procedures and supervision.  In addition it recognises that the role and responsibilities of the Garda Síochána in the matters of prisoner escorts, remand hearings and committal warrants cannot be viewed in isolation.

Within this overall framework the report makes a series of recommendations to strengthen the capacity of the Gardaí to operate in the area of remand prisoners, including enhancing liaison arrangements with the Irish Prison Service and the Courts Service.

In August 2014 Minister Fitzgerald published a report from Judge Michael Reilly of his investigation into the circumstances in which Mr. Eadon was released.  However, for legal reasons, that report did not deal with the relevant Garda-related issues in any detail as the Garda members in question were the subject of a statutory disciplinary procedure. However, they are the focus of the GSOC report.