A RETIRED Assistant Garda Commissioner who was previously involved in investigating complaints of alleged disciplinary breaches in the force said it is a “terrifying” ordeal for a serving Garda to be put on suspension accused of wrongdoing.
Fintan Fanning was giving evidence at the trial of retired Superintendent Eamon O’Neill and four serving Gardaí – Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Tom McGlinchey and Garda Colm Geary.
The five, on trial at Limerick Circuit Court, have denied a total of 39 counts of unlawful quashing of pending or potential summonses for alleged motoring offences.
Mr Fanning, who retired from the force in August 2019, said the penalties for alleged Garda disciplinary breaches were serious and often included warnings, a reduction in salary, or dismissal from the force.
Mr Fanning told the court that, in his almost 40 years of service, he never heard of any member being criminally prosecuted in respect of the administration of fixed charge penalty notices (FCPNs) or traffic summonses.
He said that suspension from the force pending the outcome of internal enquires has “severe career implications” for any Garda.
The four serving Gardaí on trial have been on suspension for the past six years.
Answering John Byrne, senior counsel for Garda McGlinchey, Mr Fanning agreed that when a Garda is suspended on foot of an allegation, they areeffectively “locked” out of the Garda organisation.
“It’s terrifying, you’re told you can no longer go near your Garda station, and the stigma attached is horrendous,” said Mr Fanning.
Mr Fanning said that suspended Gardaí remain on a basic pay, but often find themselves on a financial “cliff-edge” because they are no longer entitled to claim additional allowances, such as overtime.
He said a suspended Garda is “almost walking in a dead man’s shoes” because they may be innocent but still have to suffer the penalties of suspension.
“It breaks your spirit, it breaks your heart, it breaks your values, you feel just worthless,” he said.
The retired senior Garda explained that Gardaí found innocent of alleged disciplinary breaches must then take litigation if they ultimately seek an apology or compensation, “and that isn’t easy”.
He agreed that even though a Garda can be acquitted of a criminal allegation, “the next battle starts” in being acquitted by an internal disciplinary hearing.
Mr Fanning agreed with prosecuting barrister senior counsel Carl Hanahoe that up until 2014 all Garda at the rank of superintendent had the power to cancel FCPNs, which are served to people allegedly detected in breach of the Road Traffic Act and summoned before a court.
Mr Hanahoe put it to Mr Fanning that since 2014, due to a change in Garda policy, this power was removed from the hands of local superintendents and given to three superintendents working out of a cancelling authority in Thurles, County Tipperary.
Mr Fanning said he understood that a local superintendent could still “make a decision to cancel” an FCPN and send direction to Thurles.
Mr Hanahoe put it to Mr Fanning that it was only the superintendent’s in the cancelling authority that made this decision, but Mr Fanning replied: “I don’t necessarily see it that way.”
The prosecution alleged that Eamon O’Neill, serving as a superintendent, was contacted by people seeking discretion in respect of FCPNs, and that he forwarded these requests to the co-accused to sort out.
Mr Hanahoe told the trial that what all of the offences have “in common” is the alleged “interference or involvement of Eamon O’Neill”.
He put it to Mr Fanning that discretion was vested solely with a prosecuting Garda, however, Mr Fanning said, in his opinion, “line management have a responsibility”.
Mr Fanning said, in his view, discretion was “complex”.
The witness argued that a person who interacts with a Garda “on the side of the road” during a traffic stop, might feel “vulnerable” at that moment in time.
He agreed with Felix McEnroy, senior counsel for Mr O’Neill, that a person stopped by a Garda was entitled to approach a different Garda later on that they knew or trusted and enquire about discretion.
“There’s two sides to every story/the truth. We (Gardaí) hear a version of the facts, then we have to consider it,” said Mr Fanning.
The trial continues.