‘This case has a vicious undertone,’ says barrister for garda in penalty points trial – The Irish Times

An inquiry that led to the prosecution of a retired superintendent for allegedly interfering in potential or pending road-traffic summonses was “insane” and “vicious”, the accused’s barrister has said.

Eamon O’Neill is accused of 27 counts of engaging in conduct tending or intended to pervert the course of justice when he was a serving superintendent in the midwest region between 2017 and 2019.

Mr O’Neill and four co-accused serving gardaí – Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Colm Geary and Garda Tom McGlinchey – have denied a total of 39 counts of unlawfully interfering in potential or pending prosecutions involving 26 motorists.

The trial, which is in its eighth week before Limerick Circuit Criminal Court, has been hearing closing speeches from barristers.

The prosecution’s case, led by senior counsel Carl Hanahoe, is that Mr O’Neill gave “preferential” treatment to people he knew in trying to get them off potential or pending road-traffic prosecutions. Mr Hanahoe argued that “preference” was entirely different to “discretion”, which the court heard was a power available to gardaí when using their own judgment on whether or not to pursue a prosecution.

Mr Hanahoe has argued that local superintendents lost the power to cancel traffic tickets in 2014 when autonomy was reconfigured to the office of a cancelling authority in Co Tipperary.

Mr Hanahoe told the jury the main reason for attempts to get the motorists off was Mr O’Neill’s friendship or close connection with the individuals. Mr Hanahoe said these people were not on trial.

The court heard motorists contacted Mr O’Neill, who was then a superintendent, asking for advice and discretion. Supt O’Neill contacted Garda Tom McGlinchey and Garda Colm Geary, who in turn contacted the investigating garda in the cases. Sgt Hassett also texted some of the gardaí and Sgt Leahy “ensured the summonses were withdrawn”, said Mr Hanahoe.

He said the four serving accused gardaí – who had no connection to the cases – involved themselves by trying to “persuade” other gardaí not to prosecute the motorists, or, in the case of Sgt Leahy, had some of the cases struck out in court.

In his closing speech, Felix McEnroy, senior counsel for Mr O’Neill, said the jury was “not getting the whole story” from the prosecution. He said a previous investigation into Mr O’Neill, by the Garda National Bureau of Criminal Investigation (GNBCI), in respect of completely separate allegations not before the court, ”went nowhere”.

Mr McEnroy said Mr O’Neill had told the GNBCI he legitimately used a long-established practice of Garda discretion when the allegations of unlawfully squaring summonses were put to him.

Mr McEnroy argued the GNBCI unfairly targeted Mr O’Neill the second time because its first investigation failed. Mr McEnroy said this was “outrageous” and “vicious”, adding: “The crucifixion of Eamon O’Neill has already happened and this is about the cremation of Eamon O’Neill, and the other (accused) are the kindling around his feet.”

Mr McEnroy said the GNBCI probes “destroyed” Mr O’Neill. He added that Mr O’Neill was regarded as an “outstanding garda” who helped end a decade-long gangland warfare in Limerick city that resulted in 23 murders.

“This is insane, this case has a vicious undertone,” said Mr McEnroy.

Vincent Heneghan, senior counsel for Garda Geary, said his client received a text from Supt O’Neill asking him to do something and he did it.

“He didn’t think behind it; he did what he was tasked to do. He was a garda and Mr O’Neill was a superintendent. He did nothing wrong,” said Mr Heneghan.

Closing speeches by barristers for Garda McGlinchey, Sgt Hassett and Sgt Leahy will be heard from Friday onwards.