Kevin Winters

Raymond Quinn, a former compliance officer with a New York securities firm who is now retired and living in Co Donegal, complained to GSOC regarding a Garda investigation into a fraud in which he was a victim.

In pre-action correspondence, GSOC told Mr Quinn: “Due to a lack of personnel and resources, GSOC has been, and continues to be, unable to investigate all complaints of alleged breaches of garda discipline regulations it receives each year… Until this position changes, complaints such as yours will have to be returned to the gardai for investigative action.”

Mr Quinn, represented by Belfast-based KRW LAW, argues that this means his complaint cannot be investigated effectively or independently and raises serious questions regarding the role of GSOC in its oversight of An Garda Síochána.

KRW partner Kevin Winters said: “Independent oversight of a national police force is an important mechanism to ensure accountability and transparency. It is a check and balance system which secures pubic confidence in the police force that serves the people. 

“This decision of the High Court to enable independent legal scrutiny of the decisions made by GSOC regarding Mr Quinn’s complaint against the Garda is welcome.

“There is matter of resources provided to GSOC by central government but as important, if not more so, the matter of independence and conflict of interest. 

“Important statutory institutions representing the power and authority of the state in protecting the rule of law cannot be allowed to escape the oversight of the independent judiciary when mechanism fail to be fit for purpose.”

Patricia Brazil SC and Ruaidhrí Giblin BL acted for Mr Quinn before the High Court. The next hearing is set for 19 November 2024.