THREE Limerick Gardaí walked free from court with their innocence intact after enduring a “six-year hell” and “witch hunt” over unproven accusations of perverting the course of justice.
The State officially withdrew 33 charges against Garda Peter O’Donnell, Garda Paul Baynham and Garda Niall Deegan.
The three, who denied any wrongdoing, were suspended from the Limerick Garda Divisional Roads Policing Unit in 2019, following a probe into alleged unlawful interference into potential or pending road traffic prosecutions.
The probe was focused entirely on the Limerick Garda Division and led by the Garda National Bureau of Criminal Investigation (GNBCI).
Two of the Gardaí, Garda Baynham and Gard Deegan, were later informed that their suspensions, imposed six years ago, had been lifted. Peter O’Donnell retired from the force about a month ago.
“An Garda Síochána notes the decision of the Director of Public Prosecutions to withdraw charges at Limerick Circuit Court today. Suspensions against two members of An Garda Síochána in the Southern region have been lifted. An Garda Síochána has no further comment at this time,” Garda HQ said.
At Limerick Circuit Criminal Court, prosecuting barrister Carl Hanahoe withdrew all charges by entering in court a nolle prosequi – a Latin term meaning ‘do not prosecute’.
The GNBCI investigation led to charges of perverting the course of justice being brought against a total of seven gardai and a retired superintendent.
Last January, four other accused gardai, including Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Tom McGlinchey and Garda Colm Geary, and retired Superintendent Eamon O’Neill, were each acquitted by a jury following a nine-week trial.
Defence for the five accused argued the case was centred around the long-standing practice of “Garda discretion” whereby Gardaí use their own common sense when dealing with members of the public.
The prosecution argued that preferential treatment was given to certain members of the public because of their association with Eamon O’Neill when he was a Superintendent, which was denied.
Ms Hassett and Mr O’Neill, who are married, have initiated High Court proceedings against the State seeking damages.
Speaking outside the courthouse this Wednesday, Garda Frank Thornton, Garda Representative Association, said Gardaí O’Donnell, Baynham, and Deegan suffered a “six year hell” while waiting for the matter to come before the courts.
Mr Thornton said the GRA’s “sense of relief” at the withdrawing of the charges was “hampered by a suffocating emotion of anger and disbelief that our colleagues and their families have had to endure more than six years of exile, suffering, personal anguish, and character assassination”.
He said that “what has unfolded here in Limerick with this witch hunt is a stark reminder to all that an independent public inquiry of this investigation is not an option for the Minister for Justice, it’s an absolute necessity.”
Solicitor Liz Hughes, representing Gardaí Baynham, O’Donnell, and Deegan, said the three “would like to acknowledge the support from their families and friends and colleagues, who saw daily the toll this took on them and whose reassurance kept them going”.
“The complaint against these members was always without foundation,” said Ms Hughes.
She said the precedent of Garda discretion has long been set by custom and practice, taking the view “that the guard on the front line has common sense and the wit to apply it”.
Ms Hughes called for “public inquiry” to “address these matters and the questions as to how this happened, and the consequences that flowed from it”.
A spokesperson for the Minister for Justice Jim O’Callaghan said the Minister “notes the withdrawal of charges against three Gardaí at Limerick Circuit Criminal Court”.
“The Director of Public Prosecutions is independent under the Prosecution of Offences Act, 1974 (as amended).
“It is also important to recall that all persons accused of offences before the courts are innocent until proven guilty. That principle is at the heart of our criminal justice system.”