Ombudsman says gardaí delayed Boylan investigation

Written By Unknown on Kamis, 09 Mei 2013 | 22.40

The Garda Síochána Ombudsman Commission has accused gardaí of delaying its investigation into the case of Kieran Boylan, a convicted drug dealer against whom further drugs charges were dropped in July 2008.

The public interest inquiry examined the nature of the gardaí's relationship with the drug dealer.

A file was sent to the Director of Public Prosecutions, who directed that nobody should face prosecution.

The Ombudsman has also decided that no gardaí should face disciplinary action.

The report took the Ombudsman over four years to complete. The DPP took four months to dismiss the report as insufficient to sustain a criminal prosecution.

The commission's investigation focused on whether or not gardaí colluded with Boylan in the movement and supply of drugs.

The convicted drug dealer faced six charges in connection with the seizure of €1.7m worth of cocaine and heroin at a transport yard in Co Louth in October 2005.

He was on bail at the time after he had been caught with €700,000 worth of cocaine and heroin in Dublin and Louth, for which he was subsequently sentenced to five years in prison.

However, on the last day of the court sittings in July 2008, the 2005 drugs charges against Boylan were dropped without explanation.

The Ombudsman's investigation into why those charges were dropped also examined the nature of Boylan's relationship with gardaí.

It sought to establish whether or not he was acting as an informant for gardaí, registered or not.

The Ombudsman investigated whether or not any gardaí knew he was dealing drugs while acting as an informant; if he supplied drugs to other drug dealers and then gave information about those drugs to the gardaí; and whether or not a conviction secured on the basis of such information is now unsafe.

However, the DPP directed that no gardaí should face prosecution and that there was not sufficient evidence to support claims that convictions connected to Boylan were unsafe.

Today the Ombudsman accused gardaí of repeated delay and debate and not supplying all the information within the 30-day agreed time frame.

However, it acknowledged that it got all but one of the documents it sought.

Garda Commissioner Martin Callinan today rejected the Ombudsman's criticisms and said he regrets the publication of details from the report.

The Ombudsman has also sent what it called "a special report" to the Minister for Justice outlining its concerns about the delays and the garda informant handling procedures, which are ultimately expected to be laid before the Houses of the Oireachtas.


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