Dáil Éireann debate -
Tuesday, 9 Mar 1999

Vol. 501 No. 6

Adjournment Debate. - Dismissal of Garda Superintendent.

Mr. Finucane

The Minister is probably familiar with a recent fine article and editorial in The Irish Times concerning this matter. My interest arises out of the fact that Mr. William Geary comes from County Limerick and many of his relatives still live in the area. A member of his family approached me and asked me to raise this matter in whatever way possible. I am pleased that it has been allowed to be raised on the Adjournment.

Next week many Ministers will be winging their way all over the world on St. Patrick's Day. Many of them will be going to the United States. A proud Irishman, Mr. William Geary, who is 100 years old, will also be celebrating St. Patrick's Day, but his celebration will be tinged with sorrow because of an incident that led to his enforced emigration to the US in November 1928, more than 70 years ago.

On 25 June, 1928, Mr. Geary, a Garda Superintendent, was dismissed for allegedly accepting a bribe of £100 from the IRA. There was no trial, and Mr. Geary has vehemently denied the charge against him. For the past 70 years he has led a personal crusade to clear his good name. He has made numerous requests for a trial and has written to various Ministers for Justice over the years. Recently, the Taoiseach released some of the papers related to the case.

I call for a thorough investigation of this case. Mr. Geary has taken lie detector tests and other examinations to prove his innocence. As far back as 1986 he signed a statement waiving all rights to back pay and compensation. If the State cannot prove beyond reasonable doubt that he was guilty, it is incumbent on the State to clear his name and restore his honour. Because of his age, speed is of the essence, and I hope the Taoiseach and the Minister for Justice, Equality and Law Reform will not allow St. Patrick's Day to pass without good tidings for Mr. Geary. I look forward to the Minister's reply with great interest.

Mr. O'Donoghue

This issue relates to a former Superintendent of the Garda Síochána who was dismissed by the Government in power in 1928. I am constrained in what I can say by two considerations: the individual concerned is alive, and it would not be appropriate for me to discuss in public the full details of his affairs; also, I do not wish to prejudge the outcome of the consideration of the latest submissions made on his behalf.

The basic facts have been made known by the individual to the media, so I see no harm in summarising those facts which are already in the public arena.

In 1928, the individual concerned was accused of providing information to the IRA in return for bribes. He denied the allegations and has consistently protested his innocence since then. However, the Garda Síochána and Government of the day considered that the evidence against him was sufficient to justify his dismissal.

Over the years, he has written to a number of Taoisigh and Ministers for Justice protesting his innocence. There have been a number of reviews of his case, but each came to the conclusion that there were no new facts that would justify overturning the original 1928 decision.

The possibility that he was framed has to be considered. In the 1970s an in-depth investigation was carried out to establish if he had in fact been set up by the IRA. However, the inquiry was inconclusive because as far as could be established all the individuals who had been in the IRA at the time, and who would have been privy to that information, had since passed away.

At the time the former Superintendent was dismissed, he was not given full access to the evidence against him. It appears there were security reasons for this approach. The source of, and the relevant documents which constituted the evidence against him were considered confidential and were not released.

When I became aware that he was looking for relevant papers, I had the situation reviewed and arranged for my officials to send to him all the material relating to his dismissal in 1928, including copies of the confidential papers which constituted the evidence against him. The material was dispatched to the USA in early February of this year. As is standard practice in cases like this, the names of other individuals mentioned in the papers were blanked out to protect their privacy and that of any surviving family.

This is the first time he has seen the full case against him. Shortly after this new information was released, two written submissions were made on his behalf. The latest of these arrived on 5 March 1999 and I am now considering them with a view to bringing a recommendation to Government for a decision.

Mr. Finucane

I would appreciate if the Minister would inform me of the outcome.

Mr. O'Donoghue

Certainly.

The Dáil adjourned at 10.31 p.m. until 10.30 a.m. on Wednesday, 10 March 1999.