10: A complaint of Assault, resolved by Criminal Investigation
The complaint arose from a public order incident which occurred in a public place. A man was arrested and transported to the garda station by gardaí. He subsequently made a complaint to the Garda Ombudsman alleging that a garda who spoke to him at the scene assaulted him whilst on route to the station.
The complaint was admitted and as it contained an allegation of a criminal offence (assault), it was designated for investigation by a Garda Ombudsman investigator. The Garda Ombudsman sought to obtain a statement of complaint from the complainant but he did not cooperate with the investigation of his complaint. The Garda Ombudsman did not identify any evidence to corroborate the allegations made in this case.
The investigation was discontinued as, having regard to the above circumstances, it was considered that further investigation was not necessary or reasonably practicable.
*This type of investigation is provided for by s.98 of the Garda Síochána Act, 2005, which confers on Garda Ombudsman investigators the legal powers required to conduct a criminal investigation.