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Thread: New inquiry to be set up into alleged bugging of conversations in Garda Stations

  1. #31
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    remember this from last year?

    http://www.rte.ie/news/2013/0220/368...-callinan-gra/

    The Garda Representative Association is to go ahead with its action to stop using their own phones, cars and laptops for work, in two days' time.
    What was wrong with the station phones?

  2. #32
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Quote Originally Posted by Dr. FIVE View Post
    see we now have a bigger issue, one the govt are already seen to be taking action on
    I don't see it like that. The Garda Inspectorate report debate this week was manageable this week for the government. This is out of control.
    If it was a premeditated ploy there would have been news management but there was complete silence until mid afternoon. Even since all we've had is Noonan and he's only got an half assed story.
    This is a bomb that's exploded prematurely and has completely wrong footed them.
    We have a situation tonight where senior Justice officials, the AG and Alan Shatter are all in deep trouble.
    That's not a gamble.
    It's a bullet that took three or four ricochets and hit them between the eyes.

  3. #33
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    we shall see. Harry McGee was warning about getting into 'third man on the grassy knoll' stuff this evening but garda stations have been bugged for thirty years

    This from Irish Times Thursday, May 10, 2007


  4. #34
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations


  5. #35
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    It seems the media knew all about Garda taping since at least 2010 when ELaine Byrne tweeted. So there should be an enquiry into why are they milking it now. Could Minister Noonan be right, could there be vested interests involved? That Shane Coleman is turning it into a career move. He is famous for defending people after negative findings in tribunals. That expression "flies around *****" comes to mind. In other countries there is much more balanced reporting. There is more then one item of news and more important matters like possible WAR in Europe and Irish banks being double bust.

  6. #36
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Via @gavreilly here's the tender the Gardaí issued in 2007 seeking recording kit for 27 Garda stations

    https://dl.dropboxusercontent.com/u/11845863/tender2007.pdf
    The systems offered must be a full “Turnkey Solution” encompassing all necessaryhardware and software including archiving and integration with all PABXs, analogradios, trunked radio networks, DX 3000 (Drogheda) and the DS 2000 IntegratedCommunications Control System (ICCS) at Harcourt Square. Tenderers will berequired to liaise directly with all manufacturers to obtain the necessary technicalinformation regarding interfaces/protocols to ensure full integration with all the abovesystems. The tenderer will supply the following: Recorder and all necessary hardware and software accessories required at each site.
    System Management and configuration database workstation at Garda Headquarters.RAID5 Archive at Garda Headquarters (2 Terabyte) and all necessary hardware/software tomanage and operate archiving.
    RAID5 Archive at the 6 nominated Regional Centres (2 Terabyte) and all necessaryhardware/software to manage and operate archiving. It is anticipated that these RegionalCentres shall be Harcourt Square, Mill Street (Galway), Anglesea Street (Cork), Mullingar,Waterford and Sligo.
    Software to enable backup of archives.
    Multi-media PC and all necessary accessories for playback/copy at each site including

    archival sites.
    Full installation of system.
    System configuration and commissioning.Training

    o Technical
    o OperatorWarranty



    Maintenance and Service Level Agreement

  7. #37
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    First case to be affected:
    BRIAN KAVANAGH – UPDATED 26 MARCH 2014 03:27 PMLAWYERS for two men charged with IRA membership have sought confirmation as to whether telephone calls made by their clients from garda stations were recorded, in what is understood to be the first court case affected by the garda phone taping revelations.
    http://www.independent.ie/irish-news...-30127742.html

    Limerick solicitor John Devane was on Newstalk earlier today saying that he was seeking to have several cases reopened.

  8. #38
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    May 2001


  9. #39
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Quote Originally Posted by Dr. FIVE View Post
    we shall see. Harry McGee was warning about getting into 'third man on the grassy knoll' stuff this evening but garda stations have been bugged for thirty years

    This from Irish Times Thursday, May 10, 2007


    Unbelievable. Literally.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  10. #40
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Quote Originally Posted by Dr. FIVE View Post
    May 2001

    Great find. Going to be fun to hear this getting quoted back at Shatter.

  11. #41
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Katie Hannon on Prime Time says that AG Maire Whelan produces a report on 'sensitive cases' four times a year for the Cabinet. Hannon was told that the AG was looking at the Bailey case last week as part of the preparation for the report and the AG realized the wider implications of the phone recording and then brought it to Kenny's attention on Sunday.
    Hmm.
    It's certainly true that Marie Whelan has been following the Bailey case carefully.
    November 2012:
    Last month, in an unprecedented move, the Attorney General, Marie Whelan, advised that the Barnes correspondence, along with a highly critical 44-page review of evidence, should be released to Mr Bailey and to the French in the interests of justice.
    Mr Bailey was twice arrested but never charged with the murder of Ms du Plantier, 39, in December 1996. He has repeatedly protested his innocence. He has claimed that he was "set up" and has accused gardai of trying to frame him.
    http://www.independent.ie/irish-news...-26800905.html

  12. #42
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Morris report

    (chpt 14)

    The Allegation of Bugging


    14.16.The source of this allegation is Detective Sergeant John White, who made a statement to then Chief Superintendent W.I. Rice on the 25th of February 2002, which is set out in full later in this chapter. In summary, Detective Sergeant White alleged that early on the 4th of December 1996 he met with Detective Sergeant Joseph Costello at Letterkenny Garda Station. He had known him for over twenty years. He said that he was, at the time, in the company of Detective Garda John Dooley and introduced the men to each other. He alleged that he then asked Detective Sergeant Costello “how the tapes were going”, and that Detective Sergeant Costello replied that they had trouble with them in the morning but that they were OK now. Detective Sergeant White said that he “interpreted” from this conversation with Detective Sergeant Costello and from his previous experience as a detective in other investigations over the years that conversations between “prisoners and other persons” were being recorded. Though he met with Detective Sergeant Costello “probably twice” on the 4th of December and again on the 5th of December 1996, he had no further conversation with him about “recording systems” or his duties at Letterkenny station.

    14.17. The second incident relevant to the allegation of bugging identified and described by Detective Sergeant White in this statement was alleged to have occurred later on the 4th of December 1996, after his encounter with Detective Sergeant Costello. He alleged that he called to the door of the detective inspector’s office in Letterkenny Garda Station and that the door, which was locked, was opened by Inspector John McGinley. In the room there was a tape recorder on a table and Detective Sergeant White alleged that he asked the Inspector if there was anything of interest on the tapes regarding his (Detective Sergeant White’s) interview with Mrs. Róisín McConnell. He was told that there was not. A short excerpt of the tape was allegedly played for him by Inspector McGinley, from which he was able to identify the voice of Mr. James Sweeney, Mrs. McConnell’s solicitor, and he alleged that both he and Inspector McGinley agreed that the quality of the tape was perfect. He further alleged that, before he left the office, he requested that Inspector McGinley contact him if anything of interest relevant to Mrs. McConnell came up.

    14.18. Detective Sergeant White’s statement was made some nine months after similar allegations of eavesdropping and the recording of interviews in Letterkenny Garda Station were first made public in an interview given by Mr. Paudge Dorrian, Detective Sergeant White’s solicitor, to Mr. Connie Duffy, a journalist with the Donegal Democrat, which was published on the 17th of May 2001. The details of the allegations made by Mr. Dorrian in that interview were broadly similar to those made by Detective Sergeant White, but it also contains significantly different and additional material to which I will later refer. It is important to understand how and why these allegations were made and how An Garda Síochána responded to them from May 2001 onwards. Mr. White contends that he is a bona fide ‘whistleblower’ in respect of these allegations of wrongdoing by other Gardaí. Those accused by him deny the allegations and contend that he has made up an elaborate story, that he is a mischief maker and that, in making up this story, he sought to distract from the serious allegations then emerging against him in the course of other Garda inquiries in respect of his wrongdoing in Donegal
    And recommendations (chpt 16)


    6.27. Similar issues arise in relation to the covert audio and/or audiovisual surveillance and/or recordings. The Tribunal was disturbed and dismayed
    at the extent to which covert taping was conducted by the Gardaí, not alone of conversations with civilians, but of conversations between Gardaí supposedly working together. This issue also involves the right to privacy as guaranteed under Article 40.3 of the Constitution. In the course of the examination of the allegations of bugging of interview rooms in Letterkenny Garda Station made against other Gardaí by Detective Sergeant White, the Tribunal heard evidence of a documented case of covert eavesdropping and audio recording of a conversation between two prisoners in a cell at Ballinasloe Garda Station some years previously.

    16.28. It is clear from Chapter 14 that the Tribunal is not satisfied that the alleged bugging took place at Letterkenny Garda Station. However, it also became clear during the hearing of the sub-module that there was no clear Garda directive in place in respect of covert eavesdropping in Garda stations and that the Gardaí were relying on common law precedents in respect of the eavesdropping that took place in Ballinasloe Garda Station. As a matter of law, the custody regulations permit Gardaí to supervise a visit by a friend or relation to a detainee provided it will not hinder or delay the investigation of crime. Regulation 11(6) also provides that before such a supervised visit takes place the prisoner shall be informed that anything he says during the visit may be given in evidence. Similarly, an arrested person may make a telephone call to another provided that this will not hinder or delay the investigation of crime and Regulation 11(5) provides that a Garda may listen to any such telephone call and terminate it.

    Regulation 11(6) provides that a prisoner shall be informed that anything he says during this communication may be given in evidence. There is no actual provision for the tape recording of such visits or telephone calls. Counsel for the Garda Commissioner informed the Tribunal that it was the Commissioner’s view that such covert eavesdropping or recording should not take place save in extraordinary excusing circumstances, but as already noted, this is not part of the Garda code or any direction that has been issued by the Commissioner to Gardaí. It was not contemplated by the custody regulations.

    16.29.Having regard to the surveillance contemplated against Frank McBrearty Senior, repeated tape recording of conversations by the Gardaí, and the other evidence described in Chapter 14, the Tribunal is concerned that this area remains unregulated by statute or statutory instrument. In this regard, the Tribunal recommends that the Law Reform Commission Report on Privacy: Surveillance and the interception of Communications(June 1998) be reviewed with a view to implementing the extensive recommendations in that report concerning regulatory provisions in respect of certain forms of surveillance by An Garda Síochána and others. It is entirely wrong that the Gardaí should be recording persons, including their colleagues and senior officers, at will and/or contemplating or carrying out covert surveillance using electronic devices without any
    statutory guidance or regulation and without any internal Garda
    guidelines.

    16.30. As already seen, case law provides some guidance in respect of the parameters of acceptable behaviour in this area. The Law Reform Commission has noted the unsatisfactory nature of relying upon case law which may be rooted in unusual circumstances in providing a benchmark for acceptable behaviour. In addition, the development of the law is largely dependent on individuals taking and funding cases in which they believe their rights to have been breached. Further, if surveillance is covert, a party is unlikely to discover such a breach. Article 8 of the European Convention of Human Rights provides as follows:

    1. Everyone has the right to respect for his private and family life, his home and correspondence.
    2. There should be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society and the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. The Law Reform Commission was of the view that covert police surveillance (using audio and video devices) would probably amount to an interference in the exercise of Article 8 rights. In commenting on whether such activities should be provided for by positive law it said: This reflects the underlying requirements of the rule of law which animates the entire Convention. The basic value at stake is the insistence that all limits imposed by States on rights must not rest merely on a substantive justification but must also be based on law. Any limit to a right that is not so based – even one that is substantively justified in the abstract – is likely to prove a threat to a right because of the discretion afforded to the authorities. This insistence that limits be channelled through law is not just procedural but takes in substantive considerations also. Broken into its component parts this demands the prior existence of law (common law can count as law) and that the law possess certain qualitative attributes such as “accessibility” and “foreseeability”. In the established case law of the court (of human rights), “accessibility” refers to the degree to which the law can be comprehended (via legal advice if necessary) and “foreseeability” refers to the precision with which it is cast. A high degree of precision enables individuals to plan their actions rationally so as to avoid entanglement with the law. Foreseeability is therefore at a premium where fundamental rights are at stake. Conferring discretion on officials is not, as such, inherently violative of Article 8. What matters is how adequately that discretion is bound by law and the adequacies of the remedies available in the event of its misuse.

    16.31. In this context, there is a complete absence of regulation in respect of covert surveillance including audio and audiovisual surveillance. This should not be allowed to continue. It is not necessary to repeat in their entirety the various recommendations of the Law Reform Commission in this regard. The recommendations are detailed and provide a very important and useful template by which the right to privacy in this regard may be vindicated and protected in a practicable manner. Draft headings of a bill as set out in the Law Reform Commission Report provide draft provisions for the regulation of covert and overt surveillance. It sets out a procedure whereby such surveillance might be authorised initially by a chief superintendent and subsequently by a Judge of the District Court. Further provisions might be required in relation to the circumstances described in relation to the Ballinasloe case; and appropriate provision would also have to be made for the circumstances contemplated by the Commissioner of covert eavesdropping in a Garda station on a visit between a prisoner and a relative or friend in “extraordinary excusing circumstances”. The latter could be done by an amendment to the custody regulations, whereby a person making a phone call or receiving a visit might be informed that the visit will be monitored electronically and may be recorded, or that a telephone call may be monitored and electronically recorded. The Tribunal does not make any such recommendation in respect of the electronic monitoring of visits by solicitors to their clients which should not take place, and which under the Constitution must take place in private.

    16.32. On a more general level, consideration should be given to ensuring that where authorisation is required, for covert or overt surveillance by electronic means, it should be sought from a judge rather than from a chief superintendent (as suggested by the Law Reform Commission). In practical terms, as with the obtaining of warrants, there should be no difficulty in seeking an authorisation for covert eavesdropping from a judge under any proposed legislation. This has the advantage of providing a degree of independence in respect of the decision which the Tribunal, The Law Reform Commission Report on Privacy pages 199-200 regrettably, has found to be lacking in respect of the issue of section 29 warrants in the course of its inquiries when issued by a superintendent of An Garda Síochána. The Tribunal recommends the urgent implementation of the recommendations of the Law Reform Commission Report of 1998 relevant to the specific areas referred to in the preceding paragraphs.

  13. #43
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    So we've been round the blocks a few times on Garda bugging over the last twenty or thirty years. Nothing was ever done though. Well, apart from making sure to keep the recording equipment up to date.
    Something major happened in November 2013 which forced Callinan to issue an order to stop recording.
    Sure there was the order for discovery in the Bailey case which produced tape recordings from a station in Cork.
    It doesn't seem likely that that alone pushed the Gardai to stop recording.
    Seems much more likely that the AG kicked up hell about it back then.
    The narrative we have now is down to everybody trying to cover their tracks retrospectively.

  14. #44
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    Shatter and pals don't seem to be too bothered about possible communications between suspects and solicitors.

    It doesn't strike me as credible that the current storm stems from a recorded call between a solicitor and his client, in the Bailey case. It's doubtful that the two would have discussed anything of substance during such a conversation. I'm making assumptions. No denying that. However, "say nothing," is the general advice one would get from a solicitor over the phone. That the privilege between Bailey and his solicitor had been violated, would indeed make a scandal. But it wouldn't necessitate the current running for cover that we're witnessing. Nor would it necessitate the revelation that such practices are systemic.

    I predict that the recordings in question are not recordings of Bailey and his representative. I reckon they are intercepts of gardaí conspiring to fit Bailey up, using internal garda phones (no wonder they all do their "garda business" on their mobiles). Or something of the same import and magnitude.

    That's some pretty wild speculation on my part. I'd keep such musings to myself in most things. But the gardaí, Shatter and all the rest of them, they've no credibility whatsoever.

  15. #45
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    Default Re: New inquiry to be set up into alleged bugging of conversations in Garda Stations

    The narrative we have now is down to everybody trying to cover their tracks retrospectively.
    It was ever thus

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