JOHN DONOVAN EMAIL TO GSOC 25 MARCH 2015
From: John Donovan <johndonovan@>
Subject: OSSL
Date: 25 March 2015 22:48:54 GMT
Cc: Bernard J Durkan <bernard.durkan@oireachtas.ie>, John Browne <john.browne@oireachtas.ie>, Clare Daly <clare.daly@oireachtas.ie>, INFO <info@justice.ie>, Ed Vulliamy <ed.vulliamy@guardian.co.uk>, maurah.ias@eircom.net, John Donovan <john@shellnews.net>, Lorna Siggins <lsiggins@indigo.ie>, Paul O'Donoghue <paulodonoghue93@gmail.com>, Olga Cronin <olgacronin@gmail.com>, Áine Ryan <aineryan@mayonews.ie>
To: complaints@gsoc.ie

SHELL CORRUPTION OF IRISH POLICE, AS ADMITTED BY ITS AGENT/CONTRACTOR: OSSL

Dear Sirs

I attach for your information a copy of a letter dated 12 March 2015 from Ms Frances Fitzgerald, T.D., Irish Minister for Justice and Equality, addressed to Mr Bernard J Durkan TD. 

This is similar in content to replies sent recently to other T.D's - all of whom kindly took this matter up with the Minister on my behalf, who has now invited me to supply the GSOC with evidence.

I want to keep this simple, so I will restrict my comments to one item of evidence which has already been supplied, but not acted upon, plus important items of evidence that have emerged since the GSOC Report published in July 2014

The item of evidence already supplied is an OSSL VAT invoice to Shell EP Ireland detailing the procurement and delivery of free alcohol given to the Garda at the express instruction of Shell.

If in fact no alcohol was purchased and delivered, then the raising of a false VAT invoice sent to Shell demanding payment must constitute a crime? 

Please note that Shell has admitted receiving the invoice and has not denounced it as being false. 

Have Irish VAT officers investigated the authenticity of the OSSL invoice for alcohol apparently purchased in Northern Ireland and transported (smuggled?) across the border? 

If not, why not? 

Details of the invoice were in a major article by Ed Vulliamy published by The Observer/Guardian Group in August 2013.

Strange tale of Shell's pipeline battle, the Gardaí and £30,000 of booze

If the invoice is fictitious and the related OSSL allegations false, OSSL directors would by now have been arrested and charged for forging a VAT invoice and using it in an attempt to blackmail its former client, Shell EP Ireland. 

THE NEW EVIDENCE NOT YET CONSIDERED BY THE GSOC

I did bring this new information to the attention of the Garda in my email to Supt. Patrick Diskin dated 16 November 2014. I received a response from him two days later in which he advised that he had forwarded the correspondence to Superintendent Joseph McKenna. I heard nothing further from the Garda despite the importance of the information I supplied. 

I can only assume that the blackmail allegations were unfounded, otherwise why have they not been taken up by Shell or the police? OSSL have always insisted on their innocence on that score, but have admitted to distributing bribes to the Garda and other parties on behalf of Shell in respect of the Corrib Gas Project. 

THE EVIDENCE

A 42 minute covertly recorded consultation between senior lawyer Mr Marc Fitzgibbon, representing Dublin Solicitors Lavelle, and their then clients, Mr Desmond Kane and Mr Neil Rooney representing OSSL

The audio file can be accessed here

An associated transcript of the covertly recorded consultation.

(Some of the more interesting parts are highlighted in red text.)

Related emails from Marc Fitzgibbon about the non-existent police alcohol.

letter marked “Private & Confidential” dated 21 October 2014 sent to Desmond Kane of OSSL by Marc Fitzgibbon. The letter details telephone calls Lavelle received from Shell requesting a conference call with Mr Fitzgibbon, to include several Shell staff, including specifically Michael Crothers, the CEO of Irish Shell. This was immediately after I threatened to publish the covertly recorded discussion.

The telephone calls suggest that the existence of the covertly recorded consultation with Marc Fitzgibbon, in which the subject of alcohol given to the Irish police was raised over 60 times, triggered a panicked response from Shell.

All of this fuss over alcohol that the Irish authorities claim never existed.

Yours sincerely

John Donovan

On 26 March 2015 John Donovan received a brief email from Christopher Quattrociocchi, Private Secretary to Frances Fitzgerald, acknowledging receipt of a copy of the above email. 

On the same date John Donovan received an email from the GSOC as printed below. A standard complainant info leaflet was attached. 

From: Ciaran Kelly <Ciaran.Kelly@gsoc.ie>
To: "johndonovan@
Subject: GSOC REF: 780242-03-15
Date: 26 March 2015 11:13:12 GMT

GSOC REF: 780242-03-15
(Please quote this reference no. when contacting the GSOC)
 
 
Mr John Donovan
 
 
 
 
 
26 March 2015
 
 
Dear Mr Donovan
 
I am directed by the Garda Síochána Ombudsman Commission (“GSOC”) to acknowledge receipt of your correspondence dated 26 March 2015.
 
The content of your correspondence will be considered and an admissibility determination made if the information you have provided fits the criteria for a complaint.  If however additional information is required we will write to you once asking specific questions.  We will give you some time to answer the questions but there will be a deadline after which GSOC will review the file and may decide to close it at that point.
 
We will be in contact with you again in the near future. In the meantime I am enclosing an Information Leaflet which tells you about the first steps in the complaints process.
 
Should you wish to receive correspondence by post please respond to this email with your postal address details.
 
Please do not hesitate to contact the office if you have any queries in relation to the matter.
 
Yours sincerely
 
 
________________
Ciaran Kelly
 
Case Officer | Garda Ombudsman | 150 Upper Abbey Street Dublin 1
01-8716637
 
Garda
Ombudsman
INQUIRY INDEPENDENCE IMPARTIALITY
 

**********************************************************************
Garda Síochána Ombudsman Commission (GSOC).

A FURTHER EMAIL TO JOHN DONOVAN FROM THE GSOC WAS SENT TO HIM DAYS LATER, ON 2 APRIL 2015


From: Kevin Duffy <Kevin.Duffy@gsoc.ie>

To: "'johndonovan@me.com'" <johndonovan@me.com>

Date: 2 April 2015 17:08:19 BST

Reply-To: Info Mailbox <info@gsoc.ie>


Dear Mr. Donovan, 

Please find attached notification of the outcome of your complaint of 26 March 2015. 

Your sincerely, 

Kevin Duffy

Case Manager

Garda Síochána Ombudsman Commmission.

CONTENT OF ATTACHED LETTER

GSOC REF: 780242-03-15

(Please quote this reference no. when contacting the GSOC) 

Mr John Donovan 

By email to: johndonovan@

04 April 2015 

Dear Mr Donovan 

I am directed by the Garda Síochána Ombudsman Commission (“GSOC”) to advise you that your complaint, which was received on 26 March 2015, is inadmissible on the grounds that it does not meet the criteria to be admissible laid down in Section 87 of the Garda Síochána Act, 2005 as amended. The matters complained of have been the subject of previous complaints to this office, as your submissions indicate you are aware.  Having examined your submissions, there is no basis in them to alter the outcomes of those complaints or to further investigate your complaint of 26 March 2015. 

In accordance with section 88 (1) (C) of the Act, GSOC will take no further action in relation to this complaint.  

The Garda Commissioner and the member concerned will be notified of this decision. 

Inadmissible complaints are not reviewed by the Ombudsman Commission unless new information, which was not previously available, comes to light and is submitted in writing. 

Yours sincerely 

________________

Signed by Kevin Duffy

Case Manager

on behalf of the Garda Síochána Ombudsman Commission  

 

JOHN DONOVAN 2014 EMAIL CORRESPONDENCE WITH JOHAN GROENEWALD


On 3 Jun 2014, at 09:41, "John Donovan" <john@shellnews.net> wrote:

Dear Sir

I know from your email dated 28 April 2014 that you do not consider me to have any role in your investigation and that I am not an interested party entitled to any information or updates from you. 

I also noted the message that you do not want me to send any emails to you.

I find your attitude rather strange and counter-productive since I have been the party responsible for compiling and putting into the public domain vast amounts of relevant communications and correspondence about the matters you are supposedly investigating. 

I use the word "supposedly" because I understand that you have not taken testimony from the relevant implicated senior Garda officers. Furthermore, OSSL allege that you have actually destroyed evidence - witness statements provided by OSSL directors?  Surely this cannot be true? 

Putting all of these contentious issues to one side, I do want to draw to your attention to and place on record a transcript of the public discussion (transmitted live globally from the recent Royal Dutch Shell PLC AGM), between Mr Desmond Kane and the two top people at RDS, its CEO Ben van Beurden and Chairman, Jorma Ollila. 

Note that the line of defence by Mr Van Beurden was the same one taken by Shell throughout i.e. there is no evidence to support OSSL allegations.

As you know, OSSL claim that Shell deliberately destroyed all transactional evidence as part of a cover-up. 

However, there is still no denial from Shell that the alleged events did in fact take place. 

That is something no one at Shell, including Ben van Beurden and Jorma Ollila at the AGM, has been willing to state. 

Nor has Shell been prepared to say that the OSSL alcohol invoice is fake. 

If it was fake, Shell would have called in the police long ago. 

It is fair to assume from the cessation of the email barrage from OSSL means that the two sides are indeed in discussion as was proposed and publicly agreed at the AGM.

Why would Shell even agree to meet with a company demanding payment for alcohol delivered to the Garda if the allegations are without foundation? 

How could there possibly be any prospect of a "happy conclusion" as promised by Jorma Ollila? 

You would have thought Shell top brass would be incandescent at the sustained barrage of emails for over a year making false allegations against Shell and the toxic subject being raised by these OSSL villains at two successive AGM's when Shell is totally innocent of all charges. Of course that is not the case. 

None of it makes any sense unless there is substance to the allegations.

There is no need to acknowledge this email, which I will put into the public domain at some point (together with any reply, if you do choose to comment).

Yours sincerely
John Donovan
BTW, should an Ombudsman investigation take this long? It commenced in October last year, 9 months ago. 

 

 

From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 4 June 2014 13:34:13 BST
Subject: Re: OSSL/SHELL

Don't believe everything OSSL is telling you.  A full investigation was carried out and all parties except OSSL cooperated with my investigation.

OSSL failed to cooperate with my investigation and failed to produce a single piece of evidence.

Outcome of investigation to follow in early course.

Johan Groenewald
Garda Ombudsman

From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 5 June 2014 09:03:55 BST
Subject: Re: OSSL/SHELL

Dear Mr Donovan,
As previous stated OSSL failed to cooperate with my investigation and refused to make a statement to GSOC.
I refer to the Garda Siochana Act 2005 and to Section 110.  I did consider it but the information was not supplied directly to the GSOC.

I am confident that OSSL will issue you a copy of my outcome letter.

Johan Groenewald
Garda Ombudsman


From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 5 June 2014 13:32:36 BST
Subject: Re: OSSL/SHELL
 
I was referring to the destruction of evidence. They keep saying their statement was torn up. Not true, they never made a statement to me.

I am not referring to any other evidence and information received except of your email referring to the statement.

Johan Groenewald
Garda Ombudsman

From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 5 June 2014 23:36:53 BST
Subject: Re: OSSL/SHELL

OSSL made statements to Supt. Murphy and the original signed statements are in his possession.  GSOC was supplied with typed copies of the statements and not signed.

I had made a photocopy of Mr Kane's statements with written notes and questions for clarification.  That copy was torn and left in the file and Mr Kane knows this. It was not his original statement or a copy to be used as evidence.

You read my initial emails to OSSL and my intentions were clear with my investigation strategy.  

During my meeting with OSSL on 12 December the investigation strategy was explained and their cooperation was requested.  It was agreed that they will collect all the evidence and that we will meet again for their statements to GSOC and the handover of evidence.

On 15 December OSSL stated in writing that they will not meet with me or handover any evidence and do not wish to assist in my investigation.

Johan Groenewald
Garda Ombudsman

From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 6 June 2014 09:19:53 BST
Subject: Re: OSSL/SHELL

I can not speak for Shell or the Gardai in relation to possible offences committed by OSSL.  GSOC's role was to establish any Garda misbehaviour and I can state that a full investigation was carried out even without the cooperation of OSSL.  

Emails with pictures etc. is not evidence so you are right you are not an investigator and none of that material was of any assistance to me.

Johan Groenewald
Garda Ombudsman
From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 6 June 2014 10:53:13 BST
Subject: Re: OSSL/SHELL

Stick to conspiracy theories and leave the work to professionals.

Johan Groenewald
Garda Ombudsman
From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 6 June 2014 11:56:23 BST
Subject: Re: OSSL/SHELL

I have nothing to hide and my investigation and final report is factual.  
My response to your emails is an honest account with OSSL's cooperation with my investigation.  And I do hope you will publish all the emails to and from OSSL and GSOC so that the public can have their own opinion and not pick and chose what to publish like OSSL.
Be very careful in your accusations. I am accountable to GSOC and do not have to explain myself to you.

Johan Groenewald
Garda Ombudsman

From: Johan Groenewald <Johan.Groenewald@gsoc.ie>
To: John Donovan <john@shellnews.net>
Date: 6 June 2014 13:03:58 BST
Subject: Re: OSSL/SHELL

My superiors are aware and again to be  clear.  This email correspondence is between me and you and again you are making accusations that are referring to OSSL. At no time did I refer to OSSL as a conspiracy theory, it was directed at you.
I report on my investigation to GSOC and is factual.  
Please feel free to write to GSOC if you wish to submit a complaint about me.
Your email account is now blocked so no need to reply.

Johan Groenewald
Garda Ombudsman