Off-duty police officer filmed “dangerously” overtaking Irish cyclist, before flashing badge and “threatening” them, escapes prosecution but docked pay for “abuse of authority”

A police officer in Ireland escaped prosecution after he allegedly committed a “dangerous” overtake on a cyclist while off duty, before flashing his badge and speaking to the cyclist in what was described as a “discourteous and threatening manner”.

However, the officer was later given a temporary reduction in their pay after being found to have breached the Garda Síochána’s disciplinary rules for “discourtesy, abuse of authority, and discreditable conduct”.

This latest incident was included as a case study in the Garda Síochána Ombudsman Commission’s annual report for 2023, alongside a second cycling-related case study which took place last year and saw a cyclist prosecuted for riding through a red light after submitting footage of driving offences to the police.

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According to the case study, “a member of the public alleged that while they were travelling on their bicycle, a Garda member driving a private vehicle dangerously overtook them, before identifying themselves as a Garda and speaking to them in a discourteous and threatening manner.”

The Ombudsman Commission (GSOC) opened a criminal investigation into the matter but, despite the cyclist submitting footage of the incident filmed on cameras mounted to the front and rear of his bike, the Director of Public Prosecutions directed no prosecution against the off-duty officer.

Nevertheless, the GSOC later opened a disciplinary investigation against the Garda officer, after “identifying a number of possible breaches of Garda Discipline Regulations”.

The case study continued: “A report was forwarded to the Garda Commissioner, and the matter was put before a Garda deciding officer.

“The Garda member was found to be in breach of the Garda Discipline Regulations for Discourtesy, Abuse of Authority and Discreditable Conduct. The Garda member received a temporary reduction in pay.”

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On Wednesday, we reported that the GSOC’s annual report also revealed that a cyclist who submitted helmet camera footage of drivers using their phones and parking illegally was fined himself by the Gardaí, after the clips also showed the cyclist riding through a red light.

According to the GSOC’s report, the cyclist had reported multiple driving offences using the Garda traffic watch phone line, before providing an officer with a statement and sharing footage of one such incident.

However, the cyclist was then told by the Garda officer that the footage showed him riding through a red light, and that he was to be issued with a fixed penalty notice.

The case study also reported that the cyclist asked the police if the motorists that appeared to be committing traffic offences in the same video would also be prosecuted. The officer then allegedly advised the cyclist to submit their questions in writing – which they subsequently did, only to receive no response or acknowledgement.

An investigation into the police response to the cyclist’s complaint was then launched, finding the officer in breach of disciplinary regulations related to neglect of duty for their failure to respond to correspondence “without sufficient cause”. However, the Garda’s sanction was quashed upon appeal by the Chief Superintendent, who ruled it “disproportionate”.

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The case’s public airing has provoked some debate on social media, and has prompted accusations that due process was not followed by the Gardaí, with one person claiming that the sanction delivered to the officer was “only quashed by the Superintendent because he hates cyclists”.

Meanwhile, another cyclist wrote: “Typical Gardaí behaviour. I had footage of a taxi driver breaking a red light and almost hitting me and another cyclist.

“Because I said ‘f**k’s sake’ on the footage, an obnoxious sergeant in Pearse Street Station told me he’d seek a prosecution against me for disorderly conduct in public.”