The Director of Public Prosecutions directed no prosecution for an alleged road traffic offence in a case where an off-duty Garda was reported to have dangerously overtaken a person on a bicycle, then flashed their badge and spoke to them in what was said to be “a discourteous and threatening manner”.
The officer was later given a “temporary reduction in pay” for their behaviour.
Two example case studies were published in the GSOC 2023 Annual Report featuring cyclists who felt the need to report Garda actions. IrishCycle.com is aware of the second case study involving a cyclist who was fined after reporting a motorist, and this website is investigating the details of this case before reporting on it further.
The case study relating to the Garda overtaking a cyclist found that the officer was in breach of the Garda Discipline Regulations for Discourtesy, Abuse of Authority and Discreditable Conduct.
The GSOC case study said: “A member of the public alleged that while they were travelling on their bicycle, a Garda member driving a private vehicle dangerously overtook them, before identifying themselves as a Garda and speaking to them in a discourteous and threatening manner. The complainant had cameras mounted to the front and rear of their bicycle.”
“GSOC opened a criminal investigation under s98 of the Act. The investigation established a possible breach of the Road Traffic Acts, and a file was prepared for the DPP. The DPP directed no prosecution,” the report said.
The GSOC report added: “GSOC thereafter opened a disciplinary investigation under s95 of the Act, identifying a number of possible breaches of Garda Discipline Regulations. A report was forwarded to the Garda Commissioner, and the matter was put before a Garda deciding officer. The Garda member was found to be in breach of the Garda Discipline Regulations for Discourtesy, Abuse of Authority and Discreditable Conduct. The Garda member received a temporary reduction in pay.”