The garda convicted of drink-driving and sentenced to six months' imprisonment after the death of a 28-year-old man will remain on duty in a Dublin station until his appeal is heard.
Martin Shankey-Smith, a Traffic Corps officer, was sentenced on Tuesday after pleading guilty to drink-driving and leaving the scene of an accident in which Mr Alan Jones was killed.
He had been transferred to a desk job in the Dublin station after the accident last December. He is understood to have been on suspension for the day of his court appearance, but has returned to duty until the outcome of his appeal.
A Garda spokesman said disciplinary measures, including dismissal from the force, would not be considered until the appeal had been heard. "He remains on duty because the matter has gone for appeal. Until such time as judicial matters have been finalised an internal investigation cannot be carried out," the spokesman said.
Shankey-Smith (39), with an address at Dunboyne, Co Meath, was sentenced to six months by Judge Mary Martin at Portarlington District Court. Judge Martin remarked that she was surprised the garda had not faced more serious charges following the accident on December 27th at Lea near Portarlington.
Shankey-Smith had been driving his own car on the night of the accident that killed Mr Jones and injured his brother David as they were walking from a disco at Portarlington Rugby Club. He left the scene and returned later and was arrested. Last night the Fine Gael criminal law reform spokesman, Mr Charlie Flanagan, called on the Director of Public Prosecutions to explain why stronger charges were not preferred.
Shankey-Smith was convicted on four counts of driving with excess alcohol, failing to remain at the scene of the accident, failing to stop, and driving without due care and attention. He was found to have 119 mg of alcohol per 100 ml of urine. The legal limit is 107 mg.
Mr Flanagan, a TD for the Laois/Offaly constituency, said there had been a "lot of disquiet and upset people" over the outcome of the case.
"I think that in the interest of transparency, openness and in the interest of accountability the DPP should explain why certain charges were brought and others not," he said.
It is understood that gardai who investigated the case had made a recommendation on charges to the DPP's office. The book of evidence was sent to the State Solicitor's Office and from there to the DPP's office. The gardai and the DPP's office refused to say whether the recommended charges were the ones preferred.
The DPP's office has routinely refused to comment on its decisions. The DPP, Mr Eamonn Barnes, issued a statement in response to criticism from a judge seven years ago. His statement said the criticism was "without foundation and unjustified" after an inquiry into the handling of the file. The case against an 18-year-old Ballyfermot man accused of murdering an English tourist had been thrown out by the court after conflicting evidence.
Mr Flanagan said he understood the importance of the independence of the DPP's office, but in this case the defendant was a law enforcement officer, and because of the public disquiet an explanation was warranted.
It emerged yesterday that the Jones family could bring a private prosecution of a more serious charge, such as dangerous driving causing death, against the defendant. The family's right to have any say in an appeal against severity of sentence could be challenged by the defendant's legal team, but on occasions judges allow input from injured parties in such appeals. It is also open to the family to proceed with a civil case over the death of their son, but the amount awarded by court is limited by the Civil Liability Act to £20,000 plus funeral expenses and money for a headstone.
It is possible that Shankey-Smith's sentence could be increased on appeal as a further 15 months are available to a judge on the three counts for which he received no prison sentence.
If he fails to avoid a prison sentence he is likely to be remanded to the Curragh prison in Kildare, rather than Mountjoy in Dublin, because of security considerations. A Department of Justice source said that for his own security he would have to remain in 23-hour lock-up if he was in the Dublin jail. "Even then he would be constantly taunted by every prisoner passing the door."
