A Garda Chief Superintendent has told the Disclosures Tribunal that he was "taken aback" by a medical certificate issued to a sergeant that cleared him as being fit for work but also meant he was unable to attend one of his workplaces.
The chief superintendent told the tribunal of the "frustrating" situation caused by the certificate and that he had never seen one like it in 34 years.
The tribunal is investigating the claims made by retired Sgt Paul Barry, formerly of Mitchelstown Garda Station in Co Cork, who made a 2012 complaint that the proper investigation of a child sexual assault allegation was prevented by Supt Michael Comyns, who he says also bullied and harassed him. The Director of Public Prosecutions later directed there be no prosecution of the child sex assault allegation.
The former sergeant claims the investigation found that one of the alleged suspects was connected to two senior gardaí, former Supt John Quilter and then Chief Supt Anthony Quilter, the tribunal has also heard. After a criminal investigation, the DPP directed in November 2015 there be no prosecution relating to Sgt Barry's claim that Supt Comyns had perverted the course of justice, due to a lack of evidence.
The tribunal has heard that Supt Comyns, who denies allegations of bullying and targeting Mr Barry, has described the complaints as "unfounded and vexatious".
After an internal Garda investigation, the bullying and harassment complaints were not upheld by investigators.
Chief Supt Gerard Dillane, who also denies targeting Mr Barry, told the tribunal of the "frustrating" situation caused by the certificate and said that he had never seen one like it in 34 years. He said he had "major issues" with the content and was concerned it could "start a trend".
Work-related stress
In April 2013 Dr Margaret-Anne Kiely, Mr Barry's GP, wrote the certificate, saying that Mr Barry was fit to return to work but, due to his absence being caused by work-related stress, he should not come into contact with Supt Comyns nor attend at Fermoy Garda station, where Supt Comyns was based.
However, the situation left Chief Supt Dillane trying to get "my head around" what the doctor meant if Mr Barry could not attend one of his places of work due to his allegations of bullying and harassment.
Today, he told the tribunal that the medical cert "meant that Sgt Barry was fit to return to work but could not attend his place of work, and it also meant that Fermoy Garda Station was an unsafe place of work".
Chief Supt Dillane told Patrick Marrinan SC, for the tribunal, that he met with Sgt Barry on September 13th, 2012, and that he was willing to facilitate Mr Barry with a temporary arrangement should he wish to move to another station "to ensure a proper policing service".
Chief Supt Dillane said that Mr Barry replied that if anyone was to move that it should be Supt Comyns and that he (Mr Barry) was "going nowhere". Mr Barry has denied that he said he wanted Supt Comyns transferred.
Chief Supt Dillane said that the medical cert was handwritten but also had a date crossed out and back-dated from April 4th, 2013, to March 28th, 2013. Chief Supt Dillane then told Inspector Anthony O'Sullivan to clarify with the doctor if the date and content of the certificate were correct but said that he did not believe the certificate was a forgery, even though he was "taken aback" by the conditions the doctor recommended.
"I wasn't concerned if it was a forgery at all. I was concerned if the doctor genuinely meant that Mr Barry was fit for work but was not fit to attend his place of work. I had major issues with the content, and thought that this could start a trend," said Chief Supt Dillane.
Case conference
A case conference was held regarding Mr Barry's work conditions at which Chief Supt Dillane said it was agreed that the conditions recommended by the doctor were "neither reasonable nor practicable".
An offer of a transfer of Mr Barry was made by Chief Supt Dillane, who told the tribunal there was "no compromise" on the part of Mr Barry. Mr Barry's non-attendance at Fermoy Garda station for regular briefings and meetings meant Mr Barry "was not doing his job", said Chief Supt Dillane.
Chief SUpt Dillane said that he told Mr Barry that he could recommend a move to Glanmire in order to facilitate Mr Barry but that if this offer or the offer of other stations were to be refused that Garda Human Resource Management (HRM) would select a transfer for him.
"There was a lot of frustration," said Chief Supt Dillane. "The public were not getting the service they pay for; I was trying my best by Mr Barry, by his wife and family."
Mr Barry has told the tribunal that he returned to work on March 29th, 2013, after financial concerns forced him to do so. Mr Barry was unfit for duty for a total of 239 days from August 6, 2012.
Mr Barry twice successfully appealed transfers away from Mitchelstown and applied for retirement in 2014.
Chief Supt Dillane will continue to give his evidence to the tribunal tomorrow.
