The Garda Commissioner, Mr. Fachtna Murphy, has received a copy of the report of the Garda Síochána Ombudsman Commission into the death of Terence Wheelock.
The Commissioner again extends his sympathies to the Wheelock family on the tragic death of Terence.
Acknowledging the detailed investigation conducted by the Garda Síochána Ombudsman Commission, the Garda Commissioner said:
“I note the Ombudsman Commission’s conclusion that there is no evidence to support allegations that Mr. Wheelock was assaulted or mistreated during his arrest or in custody and that the allegation that he was sexually assaulted during his detention is wholly without foundation in evidence.
The Ombudsman Commission has made a number of findings and recommendations regarding the presence of ligature suspension points in cells and the process required to ensure prisoners do not have access to ligatures while in custody. A number of the actions recommended are already being progressed by An Garda Síochána and are the subject of ongoing work.”
With reference to the recommendations contained in the Ombudsman Commission’s report, the following highlights some of the work completed to date and a number of ongoing initiatives within An Garda Síochána regarding the detention of people in custody. (This is not an exhaustive list).
Following a pilot of CCTV in the custody areas of Pearse Street and Store Street Garda Stations, work is progressing on the installation of CCTV systems in the custody areas of Garda stations. To date systems have been installed in ten stations with plans to install systems in a further five.
In 2008, the Office of Public Works surveyed cells and detention facilities in 40 Garda stations in the Dublin Metropolitan Region and commenced a programme of upgrade works which is ongoing.
The rights and protection of persons in custody are governed by the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, as amended by further regulations in 2006. Guidance notes on the Regulations for members of An Garda Síochána have been extensively updated to incorporate recent legislative changes and other legal developments and to reflect best practice. The Regulations detail the authority for searching prisoners in Garda custody and the removal of cords, strings, belts etc., from clothing for detained persons.
A leaflet containing “Information for Persons in Custody” is given to each detained person and clearly outlines their rights and entitlements as well as the procedures which will be followed by gardaí throughout the period of detention.
A revised Garda Síochána Custody Record was issued in 2009 and provides for a risk assessment of each detained person as well as capturing more comprehensive detail on issues such as the condition of the detained person on arrival. These extensions to the custody record are intended to enhance the rights and treatment of persons detained.
The operation of all these measures will be subject to ongoing monitoring and review as appropriate and are part of An Garda Síochána’s overall commitment to upholding and protecting the rights of all detained persons.
Garda Press Office
