The former GSOC investigator who quit after attending a party with Gerry Hutch is being quizzed on suspicion of committing an offence that carries a seven-year jail term, it has emerged.
The Irish Mirror has established that the disgraced ex-staff member at the independent policing watchdog was arrested on suspicion of illegally leaking information.
Sources have confirmed he is being quizzed on suspicion of breaching the Garda Siochana Act of 2005.
READ MORE: Man arrested in connection with murder of Gerry Hutch's brother Eddie
That act outlaws gardai from leaking information that causes harm – but there is also an identical section that specifically covers the Garda Siochana Ombudsman Commission, or GSOC.
And anyone convicted of that offence faces a fine up to €75,000 – as well as being hit with a jail term that could reach seven years.
It’s believed to be the first time that a serving or current GSOC employee has been arrested on suspicion of leaks.
The ex-investigator, who is in his 60s, was arrested by detectives from the Garda National Bureau of Criminal Investigation at his home in north Dublin early on Thursday – less than a week after we exclusively revealed that he had quit his post in GSOC.
His decision to resign came after bosses challenged him when he told a colleague he had attended a party with Gerry “the Monk” Hutch, 60, hours after he was acquitted last Monday week of the 2016 murder of David Byrne at the Regency Airport Hotel.
Hutch walked out of the Special Criminal Court a free man after Ms Justice Tara Burns refused to accept the evidence of state witness Jonathan Dowdall.
The former Sinn Fein councillor told the court Mr Hutch had confessed to him that he was one of two fake gardai who shot Byrne during a n attack on the hotel - which was meant to kill top target Daniel Kinahan (44).
Hutch is understood to have attended a small social gathering at an address in north Dublin after the verdict – and enjoyed a Chinese meal with invitees.
The Star/Mirror revelation caused a political and policing earthquake and GSOC then called in Garda detectives to investigate the scandal rather than probing themselves.
NBCI detectives spoke to the ex-GSOC investigator voluntarily earlier this week and he admitted attending the party.
But sources have told us gardai received fresh tip offs after our story and gathered evidence that made them arrest the former investigator on suspicion of leaking.
He was still being held in a south Dublin Garda Station last night – and can be detained for up to 24 hours.
A Garda spokesman said: “This morning 27th April 2023, Gardaí attached to the Garda National Bureau of Criminal Investigation (GNBCI) investigating certain matters referred to An Garda Síochána by the Garda Síochána Ombudsman Commission have carried out a search at a domestic residence in Dublin 3.
“A male has been arrested on suspicion of an offence contrary to section 81, Garda Síochána Act 2005.
“The male, in his 60s, is being detained at a Garda Station in the East of the country under section 4 Criminal Justice Act 1984.
“As this is an ongoing criminal Investigation An Garda Síochána has no further comment at this time.” Sources have also told us that gardai decided to arrest the man because of fears he would leave Ireland.
He is a foreign national with no ties to Ireland and gardai have no powers to stop him leaving the country – unless he is arrested, charged and brought before the courts.
Sources have also told us that the officer had full access to the internal Garda PULSE IT system – which contains sensitive intelligence and evidence.
And he also had access to thousands of pages of intelligence and evidence about the Regency attack itself.
That’s because he was investigating the February death inside Ballymun Garda Station in north Dublin – the HQ of the investigation – of Detective Superintendent Colm Fox.
He was the lead investigator in the Regency probe and GSOC probed his death – which meant it got access to sensitive files on the case.
In an update on Friday morning, a Garda spokesperson said: "The male in his 60s has been released without charge from the provisions of Section 4 of the Criminal Justice Act 1984.
"A file will now be prepared for the office of the Director of Public Prosecutions. Investigations are ongoing."
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