Five gardaí on trial over alleged attempts to quash road traffic prosecutions, court told – The Irish Times

A case against a retired superintendent and four gardaí centres around motorists allegedly asking gardaí to intervene in potential or pending road traffic prosecutions, jurors have heard.

The five accused are alleged to have been involved in attempts to quash potential or pending road traffic prosecutions against motorists in the midwest region.

All five have pleaded not guilty at Limerick Circuit Criminal Court to a total of 39 offences of attempting to pervert the course of justice. They are retired superintendent Eamon O’Neill; serving sergeants Michelle Leahy and Anne-Marie Hassett; Garda Tom McGlinchey and Garda Colm Geary, all within Limerick and Clare Garda divisions.

Outlining the prosecution’s case, senior counsel Carl Hanahoe told the jury of eight men and four women that the road traffic laws or rules of the road were designed as a deterrent “to keep each of us safe on the roads”.

It is not unusual for motorists to “have picked up a mobile phone while driving, or been distracted and driven 55km/h or 60km/h in a 50km/h zone, but we take the points. We don’t like it, but that is the system and we take it”, Mr Hanahoe said.

Mr Hanahoe said a motorist receives a fixed charge penalty notice (FCPN) in the post notifying them they are liable for a fine and penalty points on their driving licence.

Motorists who receive such a notice can pay the fine and take penalty points, appeal it to a “cancelling authority” or contest the matter in court.

Mr Hanahoe said the prosecution’s case centres on the seizure and analysis of the phones of the accused.

Mr Hanahoe referenced a number of charges against Mr O’Neill, who retired in November 2020, relating to motorists who were allegedly detected committing road traffic offences, including speeding, holding a mobile phone while driving, driving without insurance or not wearing a seat belt. The prosecution alleges the motorists contacted Mr O’Neill, who in turn contacted the other accused in an attempt to terminate the motorists’ potential or pending FCPNs.

In one of the charges, it is alleged Mr O’Neill advised a motorist to nominate another person as having been the driver of the vehicle for the suspected road traffic offence. This was allegedly so they could avoid receiving penalty points.

Mr Hanahoe alleged: “What all of the offences have in common, the prosecution say, is the interference or involvement of Eamon O’Neill.”

The prosecuting barrister said the other four accused became involved in allegedly attempting to “interfere in the course of justice” through Mr O’Neill’s alleged involvement.

Mr Hanahoe further alleged that the “vast majority” of the alleged attempts to pervert the course of justice involved a “personal connection between the motorist and Supt O’Neill”.

“It ought not to matter what connection you have; that should not determine whether or not you take the penalty points or influence the prosecution of the offence,” Mr Hanahoe said.

Supt Bláithín Moran, of the Garda Roads Policing Bureau, Phoenix Park, Dublin, told the court her role entitles her to legitimately cancel FCPNs after considering motorists’ appeals.

Supt Moran said she would travel to the FCPN cancelling authority, in Thurles, Co Tipperary, every fortnight to physically examine the notices and determine the outcome of the appeals process.

She said FCPNs can be cancelled in exceptional circumstances, including, for example, if the driver provides proof of being exempt from wearing a seat belt while driving due to a medical condition.

Supt Moran said she would not personally adjudicate on FCPN appeal requests if she knew the motorist involved as she felt this would be a “conflict of interest”.

Under cross examination, Supt Moran agreed with Felix McEnroy, senior counsel for Eamon O’Neill, that she held a discretionary role when adjudicating the outcome of FCPNs.

She said all Garda members can use their discretion when dealing with members of the public.

“Discretion is on a case-by-case basis. We are a community police force,” Supt Moran said.

The trial, before Judge Roderick Maguire, is expected to last for at least six weeks.