A PUBLIC enquiry should take place into the prosecution of Gardaà in the Limerick Division, for alleged perverting the course of justice, in respect of road traffic prosecutions, said Labour TD Alan Kelly.
Mr Kelly said it was “time for the Minister for Justice to enact” an inquiry after he said the DPP informed Hughes Murphy solicitors – the firm of solicitors acting for the three of the gardai – on Wednesday, that it was dropping the charges against them.
The DPP v Garda Peter O’Donnell, DPP v Garda Paul Baynham and DPP v Garda Niall Deegan were mentioned before Limerick Circuit Criminal Court this Thursday morning.
Padraig Mawe, State Solicitor for Limerick City, representing the DPP, told Circuit Court Judge Colin Daly that the DPP contacted his office Wednesday requesting time this morning to have the cases listed for mention next Wednesday, March 25.
The DPP is expected to enter a nolle prosequi, that is to formally withdraw the charges, in respect of the three gardai, on that date.
Judge Daly granted the application for the cases to be listed for mention on March 25th.
The three accused gardai were not present in court Thursday when their cases were raised. They are expected to attend the court when the DPP is to withdraw the charges next Wednesday.
Last January, four other gardai and a retired superintendent, who were all attached to the Limerick and Clare Garda Divisions, were acquitted of similar charges relating to fixed charge penalty notices.
Retired Superintendent Eamon O’Neill, alongside his wife Sergeant Anne Marie Hassett, and Sergeant Michelle Leahy, Garda Tom McGlinchey and Garda Colm Geary, were acquitted by a jury following a nine week trial at Limerick Circuit Criminal Court.
Speaking last January after the five accused were found not guilty by unanimous verdicts, the Taoiseach Michael Martin said the prosecutions should be the subject of a review.
Today, (Thursday)Alan Kelly urged the justice Minister Jim O’Callaghan “to honour the commitment of his Taoiseach to have an enquiry into what happened in Limerick in relation to a range of internal enquiries that commenced during the tenure of the previous Gardai Commissioner”. Deputy Kelly said that there is “no reason now not to”.
“What happened in Limerick over the last seven years is a national scandal. I have been perusing this for years,” said Mr Kelly.
“The dogs on the street knew this was wrong. The morale of the force in the Midwest has collapsed,” he continued.
Deputy Kelly said the gardai “both serving and retired deserve redress” and “for all of this to be investigated by the State”.
“There are no excuses left for not doing so. Minister Jim O’Callaghan must act now and ensure this happens.”
“News that the DPP decided not to prosecute another three Gardai in Limerick follows on from the outcome of a recent trial whereby a retired Superintendent, two Sergeants and two Gardai were found not guilty of perverting the course of justice. This prosecution had commenced seven years previously,” said Deputy Kelly.
“Additionally a number of other Gardai who were suspended for years have been told that they can go back to work and there a number of related cases also that are deeply worrying,” Mr Kelly added.
“The decision by the DPP yesterday is welcome, but it does raise many questions,” he said.
“Why did it take so long? Why did it happen so soon after the recent Limerick Garda trial which the State lost? Why did it happen so soon after the withdrawal of the suspension of a number of their other colleagues?”
“Finally the DPP decision yesterday raises serious questions as to why these cases went forward in the first place as they had separate evidence to other cases and until recently these members were told that there was strong cases against them?”
“It seems that once the recent Garda case of the retired superintendent and four members was lost by the State, the whole house of cards in relation to the investigations in the region has fallen down,” said the north Tipperary Labour TD.
“It’s obvious now that many of the cases were interlinked and the overwhelming evidence given at that trial showed there was not possibility of prosecution. This is deeply worrying,” Mr Kelly said.
The office of the DPP did not respond to questions asked of it Wednesday evening.
The Garda Press Office did not respond to questions asked Wednesday if three gardai who were suspended from the Limerick Division would be reinstated.