There is something grossly inconsistent in this week's published inquiry report into the rape comments made by Garda in Mayo following the arrest of two women at a Shell To Sea protest on 31 March 2011. Although the report, produced by the Garda Siochana Ombudsman Commission, refers to the comments as 'alleged', paragraph number 3 states: Whilst the audio on the recording is of poor quality during some sections of this conversation, an approximate transcript of the conversation has been prepared and supports these allegations.

Nonetheless the report also includes the following numbered paragraphs:

1 The Investigation has found no evidence of a criminal offence having been committed by any of the gardai in question.

4 At no stage during this incident were either of the women involved threatened personally with being raped, deported or any other form of threat by gardai. They did not hear the conversation at the time as it took place inside a Garda jeep where the only persons present were the five Members of the Garda Siochana. The two females concerned only became aware of the alleged conversation after the event, following their release and on reviewing the content of the camcorder that had been returned to them by gardai.

and under a section headed 'The Commission also wishes to highlight the following paints in respect of the pocket camcorder device referred to in paragraph 2 above' the report includes the paragraph:

4. It is the Commission's view that issues arising in relation to obstruction of GSOC officers will require further consideration.

The first paragraph 4 above is highly disturbing. If members of the public were recorded speaking to each other about attacking or raping someone, you can be certain that they would face criminal charges. Why then should members of the Garda, who have clearly and irrevocably been caught on camera discussing the rape of someone, receive different treatment under the law?

The report also attempts to apportion blame to the victims, referring to the deletion of items from the camcorder prior to it being seized by gardai in such a way as to infer that the deletion was somehow 'suspect' activity.