The Supreme Court has held that the Garda Síochána Ombudsman Commission (GSOC) can investigate a complaint that was not brought within the six month time limit set out in the Garda Síochána Act 2005.
This decision overturned a prohibition of the High Court on investigation into a road traffic accident causing death. Two years after an internal inquiry into the death, new evidence arose that prompted a complaint to GSOC alleging collusion and lack of oversight in the investigation. While GSOC initially found the complaint inadmissible as it was not brought within 6 months of the incident, GSOC subsequently commenced an inquiry under section 102.4 of the 2005 Act that gives it the power to conduct an inquiry independent of any complaint.
The Court ruled that the Act cannot be interpreted as imposing a general limitation on an investigation if not initiated within six months. Similarly, an inadmissible complaint does not become protected from further inquiry. This is particularly so when the GSOC has indicated that an investigation is desirable in the public interest as provided for in the Act.
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