Garda HQ evaluating fallout from failed prosecution of Limerick gardaí
David Raleigh
A high-level meeting took place on Friday at Garda Headquarters to evaluate the fallout of a failed Garda investigation and prosecution of four serving gardaí and a retired Superintendent in Limerick, and to discuss other Garda suspensions.
Political pressure is growing on the Garda Commissioner Justin Kelly to act over calls for a review into the arrest, charge and failed prosecution of retired superintendent Eamon O’Neill and four gardaí by the Garda National Bureau of Criminal Investigation (GNBCI) and Director of Public Prosecutions (DPP).
The Taoiseach and others, including Niall Collins, on Friday evening called for a review of the investigation into the five accused, who were acquitted by a jury at Limerick Circuit Criminal Court.
Mr O’Neill, his wife Garda Anne Marie Hassett; Sergeant Michelle Leahy; Garda Tom McGlinchey; and Garda Colm Geary, were all found innocent in respect of charges of attempting to pervert the course of justice in respect of pending or potential road traffic prosecutions.
Barristers for the four Gardaí argued they were either using their own Garda discretion or following orders in respect of the cases.
Mr O’Neill argued that, in his status at the time as a Superintendent, he was legally and fully entitled to use his discretion in when dealing with members of the public.
Following a mammoth nine-week trial which cost the State millions of euro, a jury at Limerick Circuit Criminal Court found the five accused “not guilty” of a total of thirty-nine charges.
The former head of the GNBCI, retired Detective Chief Superintendent Walter O’Sullivan, denied, while giving evidence at the trial, suggestions put to him by defence barristers that the GNBCI had unfairly pursued Eamon O’Neill for “nonsense” charges, because it had carried out a previous investigation into him which went nowhere, and which had also cost huge money, as well as garda manpower and civilian garda resources.
The Garda Representative Association (GRA) has described the investigation and prosecution as a “witch hunt”.
Today and throughout this week, senior gardaí attached to Garda Headquarters met and were briefed by senior Garda management personnel in respect of the fallout from the costly and failed prosecution.
After the acquittals last Tuesday, Garda HQ informed Sgt Leahy, Gda Hassett, Gda McGlinchey and Gda Geary that their suspensions, which they had been under for the past five years, had been lifted and they were welcome to return to work.
Sources say the four gardaí are taking some time to consider their options.
The question over the continuing suspensions of two additional gardaí attached to the Roads Policing Unit, Limerick, who are not charged with any crime, was also raised with Garda HQ personnel on Friday.
It’s understood Garda HQ is to consider legal advice before considering the two suspensions further.
Mr O’Neill, who retired from the force in 2020, is expected to resume a High Court claim for damages from the State, paused for the trial, after he was found innocent in relation to two failed GNBCI investigations.
Limerick Fianna Fáil TD Niall Collins said he agreed and supported the Taoiseach Micheál Martin’s call for a review into the GNBCI probe.
“The key issue, as the Taoiseach highlighted, is proportionality and the principle of perspective. The investigation had a devastating, traumatic impact on those gardaí, their careers and their families and on Garda morale,” said Minister Collins.
“Thankfully, the four formerly suspended gardaí have had their suspensions lifted and can return to serving their communities. I know that there are others who are still on suspension and I am sure the processes and systems relating to that are being looked at in light of this week’s events."
Last Wednesday, the Taoiseach said that, in his opinion, the use of Garda discretion was “important” for Garda community relations.
Mr Martin wants a review of how the GNBCI conducted its enquiries into Mr O’Neill and the four other Garda members.
“Given what transpired, one has to question whether the principle of perspective was applied here or not,” the Taoiseach added.
“It is fair to say that those gardaí have been acquitted by the courts. That is an issue on which we have to reflect.”
“I will discuss the matter with the Minister for Justice and the implications of that.”
“It seems that a review of what transpired needs to happen because it impacted Garda morale more broadly and had a significant negative impact on the careers of the five gardaí and, as the Deputy stated, of others as well,” the Taoiseach said in response to Fianna Fáil TD Cathal Crowe in the Dáil.
Many sources within the force have described the fallout from the Garda trial as “another embarrassing saga for An Garda Siochana”.
