THE trial of four Gardaí and a retired Garda Superintendent, accused of unlawfully interfering or intending to interfere in potential or pending prosecutions, heard that a national Garda unit raided a number of Garda stations and homes and seized mobile phones as part of the probe.
The five accused, who have pleaded not guilty to a total of 39 counts, are retired superintendent Eamon O’Neill; serving Sergeants Michelle Leahy and Anne-Marie Hassett; Garda Tom McGlinchey and Garda Colm Geary, all within the Limerick and Clare garda divisions.
Detective Sergeant Robert Madden, Garda National Bureau of Criminal Investigation (GNBCI), gave evidence that, in 2019, a “specialist” unit began investigating alleged interference in pending or potential fixed charge penalty notices (FCPNs).
Detective Sergeant Madden said Garda Geary and Garda McGlinchey received prior notice from a superior officer that the GNBCI were to seize their mobile phones as part of the probe.
John Byrne, senior counsel for Garda McGlinchey, put it to Detective Sergeant Madden: “All Tom McGlinchey had to do was make sure his phone was far away and turned off, perhaps at the bottom off a river or lake, and well away from the prying eyes of the GNBCI.”
Detective Sergeant Madden agreed that both Garda McGlinchey and Garda Geary met GNBCI officers by appointment at Ennis Garda Station, County Clare, and Murroe Garda Station, County Limerick, and handed over their mobile phones and phone PIN numbers to the investigators who produced warrants.
Detective Sergeant Madden said the warrants were obtained as a matter of routine procedure; he added if potential evidence is handed up “voluntarily”, it could also be “rescinded”.
Detective Sergeant Madden said the GNBCI wanted to seize Garda McGlinchey’s phone because they suspected he had acted as an “intermediary” between then “Superintendent Eamon O’Neill and a prosecuting Garda”.
He said he also obtained and executed a search warrant at the home of Aaron Gillane, Patrickswell, County Limerick, because he said Mr Gillane was under suspicion of having attempted to pervert the course of justice.
Detective Sergeant Madden agreed with Jim O’Mahony, senior counsel for Sergeant Anne-Marie Hassett, that the GNBCI’s case “all starts” with Sergeant Hassett allegedly communicating with another Garda or Gardaí for the purpose of terminating a potential or pending prosecution of Aaron Gillane’s brother, Jason Gillane, for an alleged offence of holding a mobile phone while driving, at Dock Road, Limerick, on June 5, 2018.
Detective Sergeant Madden told Mr O’Mahony that he and other GNBCI officers “cold-called” at Aaron and Jason Gillane’s home with a search warrant on October 22, 2019.
Detective Sergeant said Aaron Gillane handed over his phone and PIN number to the GNBCI officers after being informed he was under suspicion of attempting to pervert the course of justice.
Detective Sergeant Madden agreed with Mr O’Mahony that “Aaron Gillane was suspected of committing a crime in relation to his brother Jason”.
“It related to perverting the course of justice,” Detective Sergeant Madden said.
The two Gillane brothers were interviewed under caution by the GNBCI, Detective Sergeant Madden said.
Sergeant Madden also agreed that search warrants were also executed at the homes of Pat Ryan, of Giggin, Doon, County Limerick, and Siobhan Scanlon, of Ballingarry, County Limerick, as they too had been “under investigation” on suspicion of “attempting to pervert the course of justice”.
Mr Ryan and Ms Scanlon also handed over their mobile phones and PIN numbers to GNBCI officers.
Detective Sergeant Madden also agreed with Mr O’Mahony that, five years on, none of the above named civilians had been charged with any offence arising out of the GNBCI probe.
Detective Sergeant, answering Felix McEnroy, senior counsel for Eamon O’Neill, said the GNBCI investigation involved at least 10 detective sergeants supported by other colleagues.
Detective Sergeant Madden said the probe was led by Detective Chief Superintendent Walter O’Sullivan, who, he said, appointed Detective Inspector Mick McNulty as the “senior investigating officer”, and that the two named senior ranking officers had made all of the “operational decisions” in the probe.
Detective Sergeant Madden agreed the GNBCI was a specialist unit which routinely investigated “serious crime” including, “murder, drugs, organised crime groups, (incidents) at government level, intellectual property crime, cold case reviews, etc.”
Detective Sergeant Madden also agreed with senior counsel, John Byrne, for Garda McGlinchey, that the GNBCI investigation team had all received briefing documents to “familiarise” themselves with the “complexities and nuances of FCPNs”, which the witness agreed he had known “very little about prior to the investigation”.