Whistleblower on defective gun holsters permitted to challenge Garda Commissioner

Ray Managh

Detective Chief Superintendent Brian O’Reilly, who claims he has been penalized by the Garda Commissioner for making protected disclosures about alleged defective gun holsters endangering the lives of armed gardai and members of the public, has been granted leave to serve short notice on the Commissioner for court orders directing the cessation of further penalties.

Ms Rosario Boyle SC, who appeared with barrister Conor Duff in the Circuit Civil Court on Monday, told Judge John O’Connor that Chief Superintendent O’Reilly faced losing his family home as a result of ongoing penalties imposed on him on the directions of Commissioner Drew Harris.

O’Reilly claims that the leather holsters, made and supplied by an equine saddlery in Kildare, may have been responsible for the serious accidental self-wounding of a garda on protection duty at the residence of the Israeli Ambassador in Dublin on 11th June, 2020.

The court heard that the Chief Superintendent made several protected disclosures in recent years, one of which was regarding breaches of health, safety and endangerment of colleagues concerning “unsafe and defective leather pistol holsters.”

He told the court in written evidence that the holsters should have been supplied by an established firearms accessories manufacturer.

Judge O’Connor said he had read in detail Mr O’Reilly’s affidavit in which it was stated an official issue 9mm Luger caliber Walther semi-automatic pistol was accidentally discharged outside the Ambassador’s residence, causing life-changing personal injury to the security garda who had been wearing one of the leather holsters in question.

“It is my understanding that the individual who owns and operates the said saddlery, Mr Declan Clancy, is a neighbor of Superintendent Liam White…who formerly had responsibility for Firearms Stores and Procurement until that function was transferred to me,” Mr O’Reilly stated.

Superintendent O’Reilly said Declan Clancy saddleries had been engaged to provide leather pistol holsters as well as other accessories for carrying ammunition, including ammunition pouches.

He had considered it very unusual that they should have been procured from a saddlery business rather than a specialist firearms supplier.

A forensic examination of the holster by a ballistics expert had reported “a serious safety concern which may result in serious injury.”

The “stark” report had stated that when inserting the pistol into the new leather holster an accidental discharge was made possible by the creased leather lodging between the trigger and trigger-guard of the weapon.

O’Reilly added that the pistol could be removed from the leather holster even when the retention strap or safety clasp was closed and only six days after the accidental shooting outside the Israeli Ambassador’s home, the incident had been followed by the murder of the late Detective Garda Colm Horkan who had been shot and killed by an individual who had been later convicted of his capital murder.

The murder on 17th June 2020 had involved the use by the individual concerned of the official Garda issue pistol carried by Det. Garda Horkan, who was believed to have been wearing one of the leather pistol holsters manufactured by Declan Clancy Saddlery.

Detective Chief Superintendent O’Reilly said he and another officer investigating Det Horkan’s death had been informed the person detained in relation to the incident had advised gardaí, while in custody, that he had been able to reach down and pull Detective Horkan’s pistol from its leather holster.

He had subsequently received emails from members of An Garda Síochána raising queries about safety defects of the holsters both prior to and following the Israeli Ambassador incident and Det Horkan’s death.

He had issued a safety advisory communication to all chief Superintendents about the unsafe holsters requesting them to cascade the information down to all members within their division.

He had it published on the Garda portal as he was aware the unsafe holsters were still in circulation.

O’Reilly stated that Commissioner Harris had explicitly asked armourer personnel, none of whom had expert status, to report as to the serviceability of the holsters.

Given his ongoing significant safety concerns he had made a protected disclosure, among others.

He said he had rejected and continued to reject in the strongest possible terms the position adopted by the armourers in a report and maintain that it was in effect nothing short of a sham and should never have been directed or produced.

He had become marginalized and had been alienated by Commissioner Harris in relation to the replacement holsters and other matters of firearms stores.

He claimed he had been placed under significant pressure in relation to this issue by the Garda Commissioner and the then Deputy Commissioner, Ann-Marie McMahon (now retired) but had resisted this pressure in circumstances where these leather holsters were still in circulation.

Detective chief Superintendent O’Reilly presented the court with several other instances of protected disclosures where he had been concerned about a number of other matters.

Judge O’Connor told counsel for Mr O’Reilly, who appeared with Cathal Young of Young O’Reilly Solicitors, he would grant short service of their application for orders directing cessation of alleged penalizing issues and adjourned the matter until next Friday, April 11th at 10:30.

The application had been brought ex-parte, in the absence of any appearance for or on behalf of the Garda Commissioner.