Garda Ombudsman report following investigation into allegations that information, in relation to the arrest of Deputy Clare Daly TD, was leaked from within the Garda Síochána
In January 2013, Deputy Clare Daly, TD for the Dublin North constituency, made a complaint to GSOC, arising from her arrest on 29 January. Significant aspects of her complaint concerned the alleged unlawful disclosure of information to the media, both about the fact of her arrest and about whom she requested to be called at the time.
The incident was subject of considerable media coverage at the time. This was a cause of disquiet to Deputy Daly.
GSOC conducted a lengthy investigation in an attempt to establish the facts of these matters. This report summarises the investigation into these aspects of Deputy Daly’s complaint and its conclusions.
At the conclusion of the investigation, the Ombudsman Commission considered that there was insufficient evidence of a criminal offence by any individual to warrant sending a file to the Office of the Director of Public Prosecutions.
However, while it is not possible to state that this information was released by a particular Garda or any other identifiable person, there does appear to be sufficient evidence to state, on the balance of probabilities, that some of the detail relating to Deputy Daly’s arrest emanated from within the Garda Síochána organisation and were made available to the media in an unauthorised manner.
The Ombudsman Commission is of the view that Deputy Daly was entitled to the presumption of innocence and that she had a right to privacy. These rights appear to have been infringed by the release of such information.
Head of Communications
Garda Síochána Ombudsman Commission