A KERRY-based Garda Superintendent told the trial of a retired Superintendent that he received a text message from the accused showing an image of a court summons followed by another text that said: “You promised”.
Superintendent Fearghal Pattwell, Tralee, was giving evidence in the trial of retired Superintendent Eamon O’Neill, Limerick Division, who is accused of 27 counts of attempting to pervert the course of justice by unlawfully interfering in potential or pending court summonses for alleged road traffic offences.
Mr O’Neill is alleged to have contacted various Gardaí by mobile phone with a view to having them contact other Gardaí involved in the detection or prosecution of the alleged road traffic offences, in order to have the cases withdrawn or struck out from court.
The court has heard this is referred to by Gardaí as “squaring” away a potential or pending court summons.
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As well as Mr O’Neill, four serving Gardaí who he allegedly contacted directly or had contact one another on his behalf are on trial on a total of 39 counts of engaging in conduct tending or intended to pervert the course of justice contrary to Common Law.
The prosecution is centred around a two-year investigation conducted by the Garda National Bureau of Criminal Investigation (GNBCI) following the seizure of mobile phones belonging to Eamon O’Neill in May 2019.
The forensic examination of Superintendent O’Neill’s phone led to other mobile phones belonging to other Gardaí and citizens being seized and examined, leading to the recovery of alleged communication between parties around attempts to square away court summonses for alleged road traffic offences.
Superintendent Pattwell confirmed he received a text message of an image of a District Court summons in respect of a named individual from Superintendent O’Neill on July 3, 2018.
Superintendent Pattwell confirmed he received a follow up text message from Superintendent O’Neill, which read: “You promised.”
There was no evidence heard of any further communication between the two senior Gardaí about the image of the court summons.
Superintendent Pattwell replied “No”, when asked by Felix McEnroy, senior counsel for Mr O’Neill, if he had ever had any concerns regarding Superintendent O’Neill, professionally or otherwise, whenever he had had any dealings with him.
Superintendent Pattwell said he first met Superintendent O’Neill in 1995 on a Garda course in Dublin and again later when he was stationed in Limerick from 2015 to 2018 where Mr O’Neill was also stationed.
Superintendent Pattwell is not accused of any wrongdoing and was never charged with any offences arising out of the GNBCI probe.
The court heard that a Detective Inspector previously based at Tralee Garda Station had contacted Superintendent O’Neill allegedly seeking to make representations on behalf of a person who had been issued with a court summons for alleged speeding.
Detective Sergeant James King, GNBCI, told the court he and a colleague interviewed retired Detective Inspector John Brennan, Tralee Garda Station, under voluntary caution at Roscrea Garda Station.
The GNBCI put it to Mr Brennan, who was not under arrest and who did not bring legal representation to the pre-arranged interview, that he had made representations to Superintendent O’Neill on behalf of a motorist who was allegedly detected speeding.
Detective Sergeant King agreed with John Byrne, a senior counsel acting for accused Garda Tom McGlinchey, that Mr Brennan was “interviewed as a suspect” in the investigation.
Detective Sergeant King also agreed that a phone number provided to GNBCI by Mr Brennan, as being his phone number, corresponded with text messages sent to Superintendent O’Neill’s phone about the speeding summons.
The court heard that when the GNBCI asked Mr Brennan to explain this, he responded that he had 37 and half years’ experience in the force and that he was not commenting.
The court heard Mr Brennan told the GNBCI: “I’ll stick to my legal advice and say no comment.”
Mr Brennan was never arrested and he was never charged with any offence arising out of the GNBCI probe.
Garda Tom McGlinchey, Murroe Garda Station, was also questioned by GNBCI under voluntary caution.
He told GNBCI that he received text messages of images of speeding summonses from Superintendent Eamon O’Neill, and he then enquired “on behalf of Superintendent O’Neill” with the prosecuting Gardai, could the case could be withdrawn in court.
Garda McGlinchey was later charged with four counts of attempting to pervert the course of justice, in relation to four speeding summonses, some of which were withdrawn in court.
The court began hearing a DVD recording of a voluntary caution interview between GNBCI and Sergeant Michelle Leahy in which she explained she was a court presenter, prosecuting cases before Kilmallock District Court.
Sergeant Leahy is facing a charge relating to having a speeding summons struck out of court and a charge of having a speeding summons withdrawn from court by the State.
Two other co-accused, Garda Colm Geary is facing three charges, and Mr O’Neill’s partner, Sergeant Anne-Marie Hassett, faces three charges.
All five accused have pleaded not guilty to all the charges.
The trial continues this Tuesday.