Retired Superintendent and four gardaí found not guilty of interfering with road traffic offences
David Raleigh
There were joyous scenes at Limerick Circuit Criminal Court on Monday as one of the city’s most distinguished retired crime fighters, retired Superintendent Eamon O’Neill, and four serving Garda colleagues, were found not guilty on all charges of attempting to pervert the course of justice.
The nine-week trial heard that Mr O’Neill had led the fight against gangland criminals in the Treaty City and had put his life on the line to bust the gangs and restore peace on the streets after 23 murders.
Mr O’Neill and his co-accused wife, Garda Anne Marie Hassett; Sergeant Michelle Leahy; Garda Tom McGlinchey; and Garda Colm Geary; wept and hugged one another in court, after the jury returned unanimous “not guilty” verdicts.
39 “not guilty” verdicts for each charge were read out by the court registrar, followed by cheers and applause from family of the five accused, as well as a large gathering of serving and retired gardaí.
A second court was opened for the public due to the swell of attendees who came to see the finale of what was the longest criminal trial before Limerick Circuit Criminal Court.
The State alleged Eamon O’Neill gave preferential treatment to motorists he knew or had a close contact with by attempting to quash their potential or pending road traffic offences. The state accused the four serving gardaí of being cohorts or part of this preference.
The jury disagreed and acquitted Mr O’Neill of all 27 charges against him and the four serving gardaí of the remaining 12 counts.
Speaking afterwards, Mr O’Neill fought back tears and said he and his four accused had been left “devastated” by the investigation and trial.
Mr O’Neill’s barrister, Felix McEnroy, had argued in court that the GNBCI investigation into Mr O’Neill was based on a “vicious” pursuit of him after a prior GNBCI probe into O’Neill or other alleged offences failed to land a punch.
What the jury did not know was that Mr O’Neill endured 100 days in psychiatric services due to the strain of the GNBCI probes.
On Monday, that strain showed in the emotion of the five accused outside the court.
“I want to thank all our medical teams, and I hope the people that were involved in this think long and hard and when they get the opportunity to dwell on it, that they will be happy in their own lives with the decision they made,” said Mr O’Neill.
“I have mixed emotions, I have never felt pressure like it in my whole life, but there’s relief now. I need time with my family to start a new chapter in our lives.”
Impact
Mr O’Neill said he had felt like a “dead man walking” with the charges hanging over him, and he said he felt he was treated as “an outcast and a leper” by some within the force.
Mr O’Neill said he had given “everything” to An Garda Síochána, "but if they decide that you fall, you fall very heavy and they come after you”.
“They don't offer you any back-up or medical advice; they offer you nothing,” he said.
He thanked his legal team and the Garda Representative Association who “stepped up to the mark” and provided support.
“Not so much my former Superintendent’s association along with some of my former colleagues, who, for some reason, decided to turn their back on me, that I was an outcast and a leper.”
“But, you learn that what doesn't kill you, makes you stronger.“
Mr O’Neill thanked defence witnesses, including retired Assistant Commissioner, Fintan Fanning, and retired Chief Superintendent Gerry Mahon, who argued in court that policing with discretion and not with an iron fist was part and parcel of a garda’s job.
Mr O’Neil said his message to those who sanctioned the GNBCI investigation into him and his colleagues was a simple one _ “Shame on them”.
Mr O’Neill’s solicitor Dan O’Gorman said the lives of the five accused had been “ruined” by the failed GNBCI probe and the State’s prosecution and that the Garda Commissioner needed to take note of this.
“The State with all its power came after Eamon O’Neill and the other accused. The State said yes and the jury said no. The people have spoken and the State must and will listen.”
Mr O’Gorman, and Fine Gael Councillor, Adam Teskey, a former joint policing committee, both called for a public enquiry into the circumstances of the GNBCI probe that led to the arrest and charge of the five accused.
Frank Thornton, GRA Limerick, said the acquitted gardaí had endured “immeasurable” “personal anguish” and “trauma” and a “gross injustice”.
Mark O’Meara, GRA President said the five accused “careers and livelihoods have been decimated and lie in tatters”.
“Once again this highlights the serious concerns our association has with the sledgehammer use of suspension by An Garda Síochána and how it is used to the detriment of our members' careers.”
“These members were simply following instructions and utilising their discretion but have had their lawful decisions in those matters used against them to justify some form of a witch hunt within the organisation.”
Gardaí that were attached to the Garda National Bureau of Criminal Investigation (GNBCI), involved in the prosecution left the court without making any comment.
The jury of eight men and four women had deliberated on the 39 charges for a total of six hours and seven minutes after they retired last Friday.
The court heard GNBCI carried out a dawn raid on Supt O’Neill’s house, hauled him out of bed and held a photograph of his infant son in front of him when interviewing him. They also produced a photo of Garda McGlinchey’s daughter in front of him when questioning him.
O’Neill’s barrister, Felix McEnroy said the GNBCI probe and subsequent prosecution had “a vicious undertone” throughout.
The case against Mr O’Neill was “outrageous,” Mr McEnroy had told the trial.
Mr McEnroy suggested the case was brought against Mr O’Neill because the GNBCI had previously already committed money and resources on a prior investigation into Mr O’Neill for which he was again found to have had no case to answer.
The arrest of Mr O’Neill was his “crucifixion” and the charges against him was an attempt to “cremate” him, argued Mr McEnroy.
The four other accused were “the kindling” around Mr O’Neill’s feet in what was a “nonsense” trial, defence barristers said.
Chief Superintendent Walter O’Sullivan, now retired, who was head of the GNBCI at the time, denied these claims in court.
The Garda Press Office said it does “not comment on decisions of the Court” nor on comments made by third parties.
Labour TD, Alan Kelly, called for “full transparency on the cost of this investigation and prosecution” and said that “fundamental questions about how this case was ever allowed to proceed” required answers.
