Margiotta calls for inquiry into prosecution of siblings
The Policing Authority has received an extensive list of questions from GP Tony Margiotta following the collapse of the prosecution against him and his sister, Lynn, who is a civilian employee of An Garda Síochána.
The questions, says Dr Margiotta, should form the basis of a full inquiry into the circumstances in which the siblings were investigated, charged, and brought to court in an ordeal that lasted for four and a half years.
Both were charged with the production and use of alleged false sick notes — but after the judge ruled that Lynn Margiotta’s rights had been breached, the case was dropped.
Dr Margiotta says the sick notes he provided for his sister were perfectly legitimate and that the prosecution was motivated by workplace issues affecting his sister rather than evidence of any criminality.
Ms Margiotta had been based in Store Street Garda Station for 15 years. Three weeks before her arrest, she had given notice that she was lodging a bullying complaint against a garda.
The list of 59 questions was submitted to the chair of the Policing Authority on behalf of Dr Margiotta by Fianna Fáil TD Niall Collins.
“I intend to bring this up in the Dáil,” said Mr Collins.
It’s a shocking case that requires some proper answers.
The siblings’ trial collapsed at Dublin Circuit Criminal Court on March 25.
Ms Margiotta was arrested twice and questioned over the sick notes, and was subsequently arrested and charged along with her brother on a Saturday, which was highly unusual.
Dr Margiotta had signed the notes, but used the stamp of two colleagues on different occasions.
An expert report from a UCC academic was commissioned by the prosecuting gardaí and completed in February 2015, but the defence was only given a copy days before the trial.
Among Dr Margiotta’s questions is why the investigation was not stopped once the report was received as it showed there was nothing unethical, not to mind illegal, in using a colleague’s stamp.
“There has to be an inquiry into this,” said Dr Margiotta. “And it can’t be guards investigating guards. We are entitled to know how something like this could happen.”
