"Nobody seemed to know anything about" investigation into clerical abuse, court hears

Newstalk
March 4, 2015

http://www.newstalk.com/Nobody-seemed-to-know-anything-about-investigation-into-clerical-abuse-court-hears

Lawyers for a detective charged with forging a document in relation to her investigation into a clerical child abuse allegation have described the investigation as one “nobody seemed to know anything about”.

Wicklow Detective Garda Catherine McGowan (48), who is based at Bray Garda Station, has pleaded not guilty at Dublin Circuit Criminal Court to one count of forgery on January 15, 2009 at Bray Garda Station and two counts of using a false instrument at Bray Garda Station and at Harcourt Street Garda Station between June 21 and 22, 2011.

The instrument is alleged to have been a letter from the office of the Director of Public Prosecutions (DPP), dated January 14, 2009.

The investigation of Gda McGowan’s handling of the case was prompted by the publication of the Murphy Report which investigated clerical sexual abuse in the Dublin area. The priest in Gda McGowan’s case was one of the clerics mentioned in the report.

The letter read: “Dear Sir, I (illegible) to yours. In (illegible) the statement of the complainant…could not possibly form the basis of a prosecution given that the complainant’s allegation of rape is only conjecture.”

Under cross examination from John Fitzgerald BL, defending, Detective Sergeant Eamonn O’Neill said that in March 2007 he assigned the case to the accused. He said that in July 2007 the accused asked him to sit in on a formal garda interview with the priest.

He said that apart from these two occasions he didn’t inquire as to what was happening with the investigation. Counsel put it to the witness that it was unreasonable for the jury to accept that he didn’t ask what was going on with this “serious” investigation.

Det Sgt O’Neill said he didn’t recall asking Gda McGowan for an update. He said that this case was one of many that the detectives under his supervision were dealing with.

Mr Fitzgerald said: “People who should have known didn’t. This was the file that nobody seemed to know anything about. You are saying the reason you didn’t know is because you didn’t ask.”

The witness said he knew Gda McGowan had the file and he knew it was ongoing. He said he couldn’t recall if he ever asked about the file going to the DPP.

Alex Owens SC, prosecuting, exhibited a document to the witness described as a covering report dated October 2008 relating to the allegations against the priest and signed by Gda McGowan. The witness said he had never received that item.

He said that if he had, he would have read the file and produced a covering report which might include a recommendation of what charges, if any, to bring. He said he would have forwarded the file and the report on to his then superior, Detective Inspector Frank Keenaghan.

He said he didn’t recall ever writing a covering report with respect to the allegations against this priest. The trial continues before Judge Mary Ellen Ring and a jury.