A RETIRED Garda Superintendent, 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 to the Garda National Bureau of Criminal Investigation (GNBCI), during an interview he voluntarily participated in, under caution, in June 2020.
Mr O’Neill’s statement, 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 Síochána allow for such behaviour.
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“The recent HQ directive produced by GNBCI does not change the law, it merely requires the cancellation of the notices by particular members.”
The trial 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 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or pending court summonses by communicating with other Gardaí and civilians in order to have the cases struck out or withdrawn from court.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, Sergeant Anne-Marie Hassett, Sergeant Michelle Leahy, Garda Tom McGlinchey, and Garda Colm Geary are co-accused in the trial. 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 Síochána for many years, my track record is comparable with the best.”
He argued 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 no case to answer.
He said his arrest for that probe, on May 16, 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, County Clare, was shown records of texts 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 27, 2018, the same day Mr Moloney was detected driving without a seatbelt, at Oola, County Limerick.
Mr McEnroy put it to Mr Moloney that he told the GNBCI investigation team that he knew Chief Superintendent 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.
Mr McEnroy said the phone records showed Mr Moloney’s phone was in significant contact with Chief Superintendent Scanlon’s phone on the day he was caught driving without his belt.
Mr Moloney initially denied contacting the senior Garda and later said he could not recall.
Mr Moloney accepted text messages appeared to have been sent from his phone to Chief Superintendent Scanlon’s phone, but he said he could not recall sending them.
He denied having Chief Superintendent 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 Superintendent Scanlon under caution during an interview that he attended voluntarily.
Mr O’Sullivan said he suspected Chief Superintendent Scanlon of having attempted to pervert the course of justice in relation to a text message that the GNBCI found on Superintendent O’Neill’s phone, sent from Chief Superintendent 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.