Former garda sergeant says he had no knowledge of complaint made by child alleging assault by sex offender Bill Kenneally

Giving evidence before the Commission of Investigation examining the response of gardaí and others to allegations of sexual abuse made against Kenneally, retired Chief Superintendent Michael McGarry said he would expect such an allegation to be directed to the detective branch.

Mr McGarry told the Commission he was the sergeant in charge of Waterford garda station from the end of 1986 to November 1989 which meant he was responsible for the general running of the station.

Barra McGrory BL, representing some of the victims, questioned Mr McGarry about the procedures that were in place for the reporting of crimes.

Mr McGarry said he was not aware of any allegation of child sexual abuse being made against Bill Kenneally during that time.

He was asked about evidence previously heard by the Commission that a complaint was made in December 1987 to former acting Chief Superintendent Seán Cashman.

Mr McGarry said he did not know about that at the time but was subsequently made aware.

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He said he would not have been notified about every complaint that was made by an individual who came into the garda station; unless an investigation was launched.

He told the Commission that some people might seek advice and may not want to make a formal complaint.

The former senior garda described how the “occurrence book” in the station was used to record all instances of reporting and calls to the station.

Ray Motherway BL, representing two of the victims, asked the witness about a report made by a 14-year-old in June 1985, who appeared at the counter of Waterford garda station and said he was assaulted by Kenneally the day before. The victim claims he was told by gardaí that there was nothing they could do for him without an adult.

Mr Motherway asked Mr McGarry whether he would have expected a report like that to be recorded somewhere, and if there was a statutory requirement to do so.

Mr McGarry said he would expect that a report like that would have been directed to a member of the investigative branch.

Kenneally (72), a former sports coach and accountant, of Laragh, Summerville Road, Waterford, is serving prison sentences totalling more than 18 years for abusing 15 boys on dates between 1979 and 1990.

The Government established the Commission of Investigation in 2018 to examine issues including the response of gardaí, the South Eastern Health Board and Basketball Ireland to allegations made against Kenneally.

It is also investigating the knowledge of Kenneally’s uncle, Monsignor John Shine, other members of the catholic clergy and any political or public figures, about the offences committed by him as well as any contact between gardaí in Waterford and the Monsignor or between Waterford gardaí and political figures or public officials about the abuse.

Kenneally, who is serving time for his crimes in the Midlands prison, appeared in person before the Commission in March.

This morning, Mr Justice Michael White, who is overseeing the Commission, said Mr Kenneally would be required to return to facilitate cross-examination by counsel for An Garda Síochána in relation to evidence he gave in March.

Justice White said today would be the last major hearing of the Commission in terms of evidence and disclosure.

While giving evidence earlier this year, Kenneally claimed he does not believe he ruined his victims’ lives because “they took 30 years to come forward”.

Regarding his most recent criminal conviction handed down in 2023 for the abuse of five boys, Kenneally claimed the trial “wasn’t fair” and had pleaded guilty because he “gave up”.

Evidence is being heard this afternoon from Department of Health witness about the development of public policy around child sexual abuse.