A TRIAL of four Gardaí and a retired Superintendent heard Tuesday, that hundreds of screenshots of WhatsApp messages between the accused former superintendent and others, were captured by Gardaí investigating alleged unlawful interference in potential or pending road traffic prosecutions.
Retired superintendent Eamon O’Neill, and four serving Gardaí, Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Tom McGlinchey and Garda Colin Geary, are accused of a total of 39 counts of “engaging in conduct tending and intended to pervert the course of justice”.
The arrest and charge of the five accused in 2021 followed on from an investigation by the Garda National Bureau of Criminal Investigation (GNBCI) into alleged unlawful interference in pending or potential prosecutions including spending, driving with a mobile phone, driving without insurance.
The trial at Limerick Circuit Criminal Court was shown video footage of Garda Colm Geary answering questions from GNBCI detectives after he was asked to participate in an interview under voluntary caution. Garda Geary had also handed GNBCI his mobile phone and PIN number for analysis.
In the interview footage, Garda Geary, Ennis Garda Station, was asked if Mr O’Neill, then Supt O’Neill, had ever contacted him about summonses for motorists.
Garda Geary said he had received a phone call from Supt O’Neill asking him to contact another Garda to find out if he could do anything on behalf of a motorist who received a fixed charge penalty notice (FCPN) for allegedly driving without insurance in Co Clare.
The GNBCI interviewers showed Gda Geary text messages between his phone and Supt O’Neill’s phone, which was extracted from Gda Geary’s mobile phone as part of the probe.
One of the messages contained an image of a letter sent by the Clare Garda Traffic Unit informing a motorist that their case had been adjourned, accompanied by a text from Supt O’Neill asking Gda Geary, “What’s the story with this poor man?” Garda Geary texted back Supt O’Neill: “That’s all sorted.”
When asked by the GNBCI why he had been contacted by Supt O’Neill about a case that he had nothing to do with, Gda Geary replied: “I presume he was looking for the case not to go to court…he didn’t say why, I didn’t ask him.”
Garda Geary told the interviewers: “I did as requested…I didn’t think there was anything untoward about the situation because at the end of the day, he (Mr O’Neill) was a Superintendent.”
Asked during the Garda interview if he considered the communication from Supt O’Neill as being from a friend or from a Superintendent — Gda Geary replied: “Anything from a Superintendent I classed as work…I didn’t think anything was wrong, he (Mr O’Neill) was a Superintendent, I didn’t think anything more of it.”
Gda Geary told GNBCI he had not been aware that the summons in question had eventually been struck out of court.
Sergeant Adrian Condon, Cappamore Garda Station, gave evidence that he knew Supt O’Neill for over 20 years. He said he could not remember receiving a text message from Supt O’Neill, but he accepted he had received it, of an image of a FCPN in respect of a motorist allegedly caught by a Go Safe speed van, travelling at 121kph in a 100kph zone, in Co Cork, October 28, 2018.
Sgt Condon said, although he could not recall it, he accepted he also received a follow up text message from Supt O’Neill which read: “Eamon, I was caught speeding by a garda this morning on Mitchelstown, on way to Bouncers game. I’m desperately upset as I have six points. Have you any contact in Fermoy Garda Station that might give me the benefit of doubt. Today was my 315th day of supporting the clubs!”
Sgt Condon said he believed the ‘Bouncers’ was a reference to a hurling club in Limerick.
The witness said he accepted he received follow up text messages from Supt O’Neill including “Any luck for me, kid”, and that, in his opinion, Supt O’Neill may have been looking to see if a garda member could use their “discretion” in the speeding case.
The prosecution has alleged that Mr O’Neill is central to their case, and what all of the alleged offences have “in common” was the alleged “interference or involvement of Eamon O’Neill”.
Garda telecommunications expert, Detective Garda Kevin Farrell, gave evidence of being tasked being asked by the GNBCI to extract data, including text messages and images from a number of mobile phones seized by the GNBCI, including one belonging to Eamon O’Neill.
Det Gda Farrell clarified, under cross examination by Felix McEnroy, senior counsel for Mr O’Neill, that, although the analysis of messages of the mobile phones would have shown messages marked “Read”, this only meant that the message had been “opened” but it did not confirm that the message had in fact been read by the receiver.