Another Garda scandal; in this case certainly a lack of ethics and professionalism. This case merits urgent attention.

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Disturbing questions arise in case against civilian member of gardaí over sick certs

Lynn Margiotta, from Finglas, Dublin, leaving court on March 26 after the case against her and her brother was dropped. (Irish Examiner – Michael Clifford article)

Lynn Margiotta answered the door at her home in Navan, Co. Meath, early on the morning of August 11th, 2014, to be met by familiar faces she knew and worked with.  Lynn had worked for 14 years as a civilian at Store Street Garda station in Dublin.  She thought the worst, that it related to her sick and elderly father but no the Gardai said that she was under arrest for suspected fraud; it concerned getting medical certs to cover days she was absent from work.  This should never have happened because if there was a problem in relation to medical certs, it should have been brought to her attention by her line manager at Store Street (Human Resources).  Lynn addressed the arresting Gardai by their first names and they used her name.  They then brought her to Navan Garda station where she was interrogated.

This began a four and half year journey that ended on March 26th last 2019 in the Dublin Circuit Criminal Court.  The trial had opened the previous week but had largely been confined to a trial within a trial in the absence of a jury, known as “Voir Dire”.  Now let us get down to the facts in this case:-  Judge Ryan was not impressed at all.  As one lawyer told me confidentially the Judge was shocked herself.  Ms Lynn Margiotta had been denied access to a solicitor while in custody; her privacy had been breached by accessing her medical records without her consent; and the case against her and her brother Tony, who is a GP Doctor, was dropped. Ms Margiotta said that “my family and I feel disgusted at the treatment I received from fellow colleagues, it has had massive impact on me, my family and in particular my elderly sick father.  Now let me repeat this :  All Charges have been Dropped.  We must ask why this case went on for four and half years before this case was dropped.  Lynn went on to say she would like someone to be held accountable for what has happened to her and her family.  She said she worked in the station for 14 years without an issue.  But now on reflection she said she could see that it could have arisen when she refused a date with a married Garda.

In July 2014, after the death of her mother, Lynn issued a complaint about bullying by this Garda member.  A few weeks later on August 11th, the three Gardai turned up at her Navan home to arrest her.

Fred intervenes:

When you read the above you can see the pattern of how our Gardai work against people who make complaints and that includes their own.  We must not forget Maurice McCabe and his family.  Lynn has not been contacted by anyone in Store Street or from the DPP since 2014.  It turns out that the certs she submitted were not fraudulent and her brother was part of a team in the practice which the certificates came from and these certs can be signed by any doctor at any given time.  Colin Bradley, a Professor of General Practice at UCC, stated to Gardai in the District Court, before it went forward, that it was not unusual for locums to use another doctor’s stamp while signing off on sick certs.  Another damning piece of evidence also emerged that Supt. Des McTiernan told the court that he believed Ms. Margiotta when she said she was sick.  He said that the investigation was in relation to the certificates being used to obtain sick leave by deception.  It is evident that McTiernan got it wrong legally, medically and this man should now be before an Inquiry not forgetting the Garda bully.  In 2014 McTiernan was an inspector at the time but since then was promoted to Supt.  This should raise serious questions also.

I will conclude today by saying the woman above needs answers but let’s be realistic she will never receive answers nor will her family.  It is hard to believe that 6,000 Gardai REFUSE TO SIGN UP TO THE NEW ETHICS CODE FOR AN GARDAI SIOCHANA especially in the current climate and after the Maurice McCabe scandal.  Gardai, as we speak, demand to be promoted to higher positions and are challenging the orders of Commissioner Drew Harris and Minister Flanagan.  This is a very serious situation at present.  The Ethics Code of Conduct is mandatory for all members of An Gardai Siochana to sign up to and yet 6,000 show contempt, not just to the Commissioner or the Minister for Justice but to the people of this country.

The Gardai Association annual conference was held this week in Cavan where the leading delegates had the appropriate opportunity to stand up AND APOLOGISE TO MAURICE MCCABE AND HIS FAMILY BUT THEY DID NOT BECAUSE THEY LACK MORALS AND ETHICS.

To be continued






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