Tribunal finds Harrison claims without 'validity'

Garda Keith Harrison and Marissa Simms claimed senior gardaí in Donegal interfered in their home and family life

The Disclosures Tribunal has found that all allegations of Garda Keith Harrison and Marissa Simms examined by the tribunal are "entirely without any validity".

The conclusion is contained in the tribunal's second interim report.

Garda Harrison and his partner had accused senior gardaí in Donegal of interfering in their home and family life due to malice against him.

He claimed that senior officers targeted him by deliberately involving social services in his family life.

He alleged that gardai alerted social workers to what he said were untrue allegations of domestic abuse.

The tribunal said: "All of the allegations of Garda Keith Harrison and Marisa Simms examined by the tribunal are entirely without any validity.

"They have claimed to have been the victims of a malicious procession of events.

"That is not so ... It is appropriate here to exonerate everyone in social services and in policing accused by them of discreditable conduct. That is the only possible conclusion to the tribunal's enquiry."

The report states that during the hearing "very serious allegations" by Mr Harrison and Ms Simms "simply collapsed".

It said the social workers accused by them of abuse of office were "entitled to feel deeply upset at being targeted with such allegations".

It concluded that there was no overreaction by Tusla in its dealing with Garda Harrison, in fact it found that there was an underreaction.

It said it would have been shocking if social workers had carried out an unnecessary duty with children due to pressure from an outside agency.

The couple and their solicitor are considering the report. A spokesperson for the gardaí said they were aware of the publication of the interim report and were considering it.

The Department of Justice said Minister Charlie Flanagan welcomed the report.

It said: "The minister thanked the tribunal for its work in investigating the very serious allegations of improper conduct by gardaí and those working in social services.

"He welcomed the central conclusion of the report that the allegations against the gardaí and social services personnel were found to be without any validity."

The Child and Family Agency Tusla also welcomed the publication of the report.

The agency acknowledged "the tribunal's exoneration of social work staff and the finding that they acted in line with Children First and procedures in place at the time".

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This section of the tribunal, chaired by Supreme Court Judge Peter Charleton, investigated contacts between the child and family agency Tusla and gardaí about Garda Harrison.

It investigated whether the social work interactions were influenced by senior gardaí.

The tribunal heard that Garda Harrison repeatedly checked his partner's details on the Pulse system because he believed they were under garda surveillance.

He faced a disciplinary action in 2012 for not having a valid reason for accessing the details.

The checks arose following a garda investigation into issues highlighted in an anonymous letter sent to gardaí alleging concerns for his partner's children.

At the time, Garda Harrison's relationship with Marissa Simms had broken up and she was back with her ex-husband.

Garda Harrison also denied claims that he threatened to burn and bury his partner.

It came as he was questioned about a statement Ms Simms made to gardaí on 6 October 2013, which detailed alleged threats from Mr Harrison and obsessive behaviour. She withdrew the statement three months later.

Garda Harrison said that during an argument on 28 September 2013, he had told Ms Simms that she would get burnt by her family.

Ms Simms also backed up this version of events in her evidence to the tribunal.

'Positive picture' of social services

The interim report found that a statement made by Ms Simms at Letterkenny Garda Station detailing allegations against her partner was not made under coercion and repeated accusations made by her in text messages to Mr Harrison.

It says the witnesses from Tusla stood out as paying proper regard to independence, professional standards and pride.

The report stated that notwithstanding concerns about the alleged treatment of Sergeant Maurice McCabe, "a positive picture" has emerged of the functioning of the gardaí and the response of social services in the context of the allegations of the couple.

It found there were many committed public servants who gave evidence and an impression of devotion to duty and to do the right thing emerged.

It further finds those serving in the gardaí in Donegal demonstrated seriousness and genuine concern in the context of domestic violence allegations.

It said there was no breakdown in the garda command structure and allegations were treated seriously, properly reported up the line and diligently pursued.