Thursday, 2 May 2024

Garda collusion whistleblower says ‘irrational’ AWOL charge was made against him

A Garda whistleblower believes a medically certified absence from work was “irrationally” turned into a charge of being absent without leave, the Disclosures Tribunal has heard.

The tribunal is investigating whether the disciplinary action against Garda Nick Keogh was warranted or if it was done in an effort to target or discredit him after he made allegations of collusion between gardaí and drug dealers in Athlone.

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Garda Keogh’s allegations in May 2014 sparked a major internal investigation, led by then assistant commissioner Donáll Ó Cualáin.

The inquiry found that while some of the allegations made by Gda Keogh were plausible and had substance, the evidence, which was circumstantial, fell short of what was required to bring a criminal prosecution.

Today, the tribunal heard Gda Keogh reported sick and unfit for work on July 9, 2015.

He phoned Athlone Garda Station the following day to say he was going “off sick leave”. However, he did not report for duty the following day.

In a statement to the tribunal, Gda Keogh said this was due to “a mix up” and he produced a medical certificate retrospectively on July 16 to cover the period of absence.

He complained that despite the sick certificate being filed, his absence was “irrationally turned by Superintendent Pat Murray into a charge of being absent without leave”.

In a statement to the tribunal, Supt Pat Murray said he phoned Gda Keogh on July 15.

The statement said: “He [Gda Keogh] acknowledged his absence without leave and said he had reported fit for duty on July 10, 2015 while drunk, had forgotten he had done so and had been continuously drinking over the next few days and so didn’t report for duty.”

Supt Pat Murray said he explained to Gda Keogh he felt this was absence without leave and a breach of discipline and that he would have to seek a formal explanation.

The matter was reported to Chief Superintendent Lorraine Wheatley, who in turn appointed Supt Alan Murray to conduct an investigation under disciplinary regulations.

Gda Keogh subsequently pleaded guilty to a charge of neglect of duty, but denied a charge of discreditable conduct.

Supt Alan Murray found Gda Keogh was in breach of the neglect of duty charge and not in breach of the discreditable conduct charge. In mitigation, Supt Murray said he had regard to the fact Gda Keogh stated he had suffered from work related stress, was drinking heavily and admitted his mistake.

Gda Keogh was fined €300 over the episode.

The tribunal heard Gda Keogh sought a review of the decision by Chief Supt Wheatley, but the penalty was affirmed.

Under questioning from tribunal counsel Diarmaid McGuinness SC, Gda Keogh accepted his diary notes from the period recorded he was “AWOL”.

Gda Keogh said it was included in the charges against him by Supt Pat Murray that he deliberately didn’t respond to phone calls from a sergeant when he was absent.

He said he did not miss these calls deliberately and was probably asleep. He had no credit on his phone and contacted the sergeant on Facebook to apologise.

Gda Keogh also said he looked for a copy of his statement and for call logs for the purpose of his appeal to the chief superintendent, but was not given these.

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