Kenneally Survivors to Press Minister O’Callaghan for Misconduct in Public Office Law
Survivors of serial abuser Bill Kenneally will meet Minister Jim O’Callaghan to advocate for a new criminal offence: misconduct in public office. This follows a commission's finding that senior gardaí in 1987 committed a serious dereliction of duty but could not be prosecuted due to a legislative gap. The proposed law aims to hold officials accountable for failing to protect children.
Survivors of serial sex abuser Bill Kenneally, including Jason Clancy, Colin Power, Kevin Keating, Barry Murphy, Paul Walsh, and Simon O’Toole, will meet Minister for Justice Jim O’Callaghan on Tuesday. They will press for the introduction of a criminal offence of misconduct in public office, a recommendation from the commission of investigation into the scandal.
Retired High Court judge Michael White, who chaired the commission, identified a legislative deficiency. He found that while evidence against senior gardaí in the 1987 investigation was insufficient for a charge of perverting the course of justice, no other criminal charge was available. This gap prevented prosecution despite a clear and serious dereliction of duty by then-acting chief supt Sean Cashman and then-acting superintendent PJ Hayes.
The commission heard that in 1987, a father reported his 14-year-old son's abuse by Kenneally but declined a formal complaint. Cashman and Hayes, believing they couldn't proceed without a formal statement and that the abuse was not sodomy, warned Kenneally and dropped the case. White concluded their failure to conduct a proper investigation was a serious dereliction of duty, even by 1987 standards. He found no evidence of corruption by Cashman but noted the absence of a specific offence for misconduct by omission in Irish law, unlike in England and Wales. White suggested the Law Reform Commission examine introducing such an offence.