CONCERNS ABOUT PENDING TRIALS

The relationship between Stephen Kershaw and D/Gda Thomas Stack of Terenure Garda Station has been well documented. Was this a once-off relationship between Stephen Kershaw and D/GDa Thomas Stack which has never been denied by either An Garda Siochana or D/Gda Thomas Stack. Or was (and is) this a practice peculiar to D/Gda Thomas Stack and all complainants he had contact with? Or was it, and does it remain, a widespread practice within An Garda Siochana as a whole? If so it is a well kept secret and contravens Garda stated policy and breaches the duty of disclosure.  

This relationship between Stephen Kershaw and D/Gda Thomas Stack is of concern for three reasons: 

  1. The flawed investigation, the unfair trial and the wrongful conviction of Brian Doolan, and
  2. The flawed investigation, the unfair trial and the wrongful conviction of every man who was convicted because of the involvement of D/Gda Thomas Stack in the investigations which lead to their convictions, and
  3. There may be trials pending in which D/Gda Thomas Stack was involved. One such case is known. Commenting on the pending case of John McClean Gemma O’Doherty in the Village Magazine on 15 March 2018  wrote: 

The men say they made their original complaints to Detective Garda Tom Stack at Terenure Garda Station. The same officer is handling the numerous allegations coming to light today. The Garda press office has declined to comment on the matter.

 

Is the possibility of further miscarriages of justice of concern to An Garda Siochana, the Director of Public Prosecutions or the courts? Or are these institutions of the State impervious to the constitutional requirement of a fair trial? One of the essentials of a fair trial is that all relevant material must be disclosed to an accused person in advance of that trial.

Since this constitutional requirement was ignored and breached in Brian Doolan’s case it is reasonable to assume that it was ignored and breached in other cases. In those cases it might be said that the Director of Public Prosecutions and the courts trying those cases were unaware of these relationships. Putting those miscarriages of justice right is another matter. 

But the DPP and the courts cannot conveniently hide behind this excuse with regard to pending and future cases. This highly questionable practice was first exposed on this website as long ago as June 2017.