Barrister compares Garda behaviour over search warrant to Stasi
High Court reporters
A barrister has likened the garda execution of a search warrant at a Dublin apartment to the film 'The Lives of Others', which centres on German Stasi surveillance practices.
The High Court is hearing a case taken by Sinead Warren, who was present at an apartment on Reuben Street, Dublin 8 when it was searched by gardaí in 2016. During the search, gardaí discovered Ms Warren's long-term partner, Detective Garda Joseph Kavanagh, present in a bedroom. Ms Warren alleges that the decision to search the apartment was a 'ruse' to interfere in her personal life and her relationship with Det Gda Kavanagh.
She claims that senior gardaí deemed the relationship to have been inappropriate and set out to interfere by carrying out surveillance and by making enquiries to ascertain the nature and extent of the relationship.
Ms Warren has taken a case against the Commissioner of An Garda Síochána, the Minister for Justice, Ireland and the Attorney General seeking damages for interference and breach of her Constitutional rights, negligence, breach of duty, misfeasance and deceit.
She alleges that she was falsely branded or implied to be a "major criminal" and a "serious female gouger" on WhatsApp messages allegedly sent by gardaí, which her counsel, Mark Harty SC, has described as "disgusting".
Ms Warren and Det Gda Kavanagh have been described in court as "law-abiding citizens of impeccable character", which is accepted by gardaí. Ms Warren's brothers, Paul and Christopher, were shot dead in Dublin in 2004 and 2012 respectively, but she has never had any involvement in criminality, the court has heard.
Ms Warren alleges that following the September 2016 search, messages circulating on WhatsApp that could only have originated from people involved in or close to the search, said that Det Gda Joseph Kavanagh had been "caught in the scratcher" with her.
Gardai have told Mr Justice Micheál O'Connell that a search warrant was issued for the investigation of a laptop burglary in Dublin City in the summer of 2016. The court heard the theft did not involve Ms Warren or Det Gda Kavanagh, but they were present at the address when three armed and three unarmed gardai arrived looking for a pair of yellow shorts believed to be connected with the burglary.
At the High Court on Friday, Mr Harty said he was minded of the 2006 Oscar-winning film 'The Lives of Others', which depicts the Cold War surveillance practices of secret police in East Germany.
He described the Garda investigation process regarding his client as an "horrific" investigation into her prior personal life.
Mr Harty remarked about disparaging WhatsApp messages after the search calling his client a "gouger and a gouger's sister".
Mr Harty said the court was being asked to accept "patent nonsense" from the defendant's side and that the case was a "startling" one.
Conor Power SC, for the respondents, said there was a reasonable, fair and honest basis to obtain the search warrant relating to Ms Warren's address and that two other searches relating to the same theft were carried out the same morning at different addresses.
Counsel said there was no evidence before the court of any "surveillance" of Ms Warren's home, nor upon the movements of Det Gda Kavanagh in any "deliberate violation" of either's Constitutional rights.
Mr Justice Micheál O'Connell reserved his judgment in the matter.
