Senior Garda claimed enquiring into potential prosecutions was 'allowed'

David Raleigh

A retired Garda Superintendent, who is on trial for allegedly unlawfully attempting to interfere in summonses for road traffic offences, told investigating gardaí that directives within An Garda Síochána always allowed the involvement of high-ranking gardaí, such as Superintendents, in such matters.

Eamon O’Neill, retired from the Limerick Garda Division, said this in a prepared statement he handed to investigating detectives attached to the Garda National Bureau of Criminal Investiagtion (GNBCI), during an interview he voluntarily participated in, under caution, in June 2020.

Mr O’Neill’s statement, which was read out at his trial on Tuesday, said: “The involvement of members of An Garda Síochána, in particular, those of high rank, including Superintendents, in dealing with Fixed Charge Penalty Notices, has been a matter of custom and practice and continues to this day.”

“It is not a criminal offence and never was a criminal offence. Indeed, internal circulars and reports within An Garda Siochana allow for such behaviour.”

The statement continued: “The recent HQ directive produced bỳ GNBCI does not change the law, it merely requires the cancellation of the notices by particular members.”

The trial has heard Garda prosecution witnesses agree under cross-examination by Felix McEnroy, defence counsel for Mr O’Neill, that “discretion” can be applied by individual gardaí when dealing with members of the public.

Discretion, it was heard, can be applied in relation to all sorts of matters, from road traffic infringements to minor public order, and that sometimes a warning is as good as prosecuting a matter in court.

Mr O’Neill argued: “Discretion is part of good policing, and the cultivation of good community relations, which is fundamental to the work of An Garda Síochána.”

Mr O’Neill denies 27 counts of engaging in conduct tending or intended to pervert the course of justice contrary to Common Law.

It’s alleged he unlawfully interfered in potential or pending court summonses by communicating with other gardaí and civilians in order to have the cases struck out or withdrawn from court.

Four serving gardaí, including Mr O’Neill’s wife, Sergeant Anne-Marie Hassett; Sergeant Michelle Leahy; Garda Tom McGlinchey; Garda Colm Geary, are co-accused in the trial, and between them, they deny 12 additional counts of attempting to pervert the course of justice.

The prosecution led by Carl Hanahoe, assisted by Jane Horgan Jones, instructed by the DPP state solicitor’s office, alleged: “What all the offences have in common is the interference or involvement of Eamon O’Neill.”

Mr O’Neill stated: “I have been a dedicated loyal member of An Garda Siochana for many years, my track record is comparable with the best”.

Mr O’Neill argued that the GNBCI investigation was “motivated” by its “failure” to bring charges against him in respect of a previous separate probe, for which he was found to have had no case to answer.

He said his arrest for that probe, on May 16th, 2019, during a dawn raid on his home, was “appalling and inappropriate”.

Prosecution witness, Donal Moloney, a farmer and proprietor of a livestock transport business, Ardnacrusha, Co Clare, was shown records of text messages and calls between his mobile phone number and a mobile phone number belonging to then Chief Superintendent John Scanlon, Laois Offaly Division, now retired, on September 27th, 2018, the same day Mr Moloney was detected driving without a seatbelt, at Oola, Co Limerick.

Felix McEnroy, counsel for Mr O’Neill put it to Mr Moloney that he was given penalty points and a fine for this, and that the detection had pushed him dangerously close to being taken off the road due to him having amassed a high amount of penalty points.

Mr Moloney said the infringement brought him to nine penalty points and that if he had reached 12 points, he would be put off the road.

Mr McEnroy put it to Mr Moloney that he had told the GNBCI investigation team that he knew Chief Supt John Scanlon “just to see” and that “at no stage” did he ask Mr Scanlon nor any other garda “to do me any favours” in respect of the seat belt detection.

M McEnroy said the phone records showed Mr Moloney’s phone was in significant contact with Chief Supt Scanlon’s phone on the day he was caught driving without his belt.

Mr McEnroy put it to Mr Moloney that he had contacted Chief Scanlon. Mr Moloney initially denied contacting the senior garda and later said he could not recall.

Mr Moloney accepted that text messages appeared to have been sent from his phone to Chief Scanlon’s phone, but he said he could not recall sending them.

Mr Moloney denied he had Chief Supt Scanlon’s number, and said he could not explain the phone records.

Detective Chief Superintendent Walter O’Sullivan, retired, who led the GNBCI investigation, gave evidence last week that he questioned Chief Supt Scanlon under caution during an interview that he attended voluntarily.

Mr O’Sullivan said he suspected Chief Supt Scanlon of having attempted to pervert the course of justice in relation to a text message that the GNBCI found on Supt O’Neill’s phone, sent from Chief Scanlon’s phone, on the same date as Mr Moloney’s seat-belt infringement.

The text message read: “Eamon, that’s a friend of mine, stopped for a seatbelt in Oola. Could you enquire? If it’s too late, no problem.”

The court heard Chief Scanlon’s phone was not seized as part of the GNBCI probe, and he was found to have had no case to answer.

The trial, which is in its fifth week, continues before Limerick Circuit Criminal Court on Wednesday.