The former head of the Garda National Bureau of Criminal Investigation (GNBCI) has denied suggestions that he pursued Limerick Garda Superintendent, Eamon O’Neill, on suspicion of alleged interference in road traffic summonses because he had failed to bring charges against him on other matters.
Retired Detective Chief Superintendent Walter O’Sullivan also denied allegations put to him that he had previously asked another Garda if he could quash a road traffic summons issued to a motorist.
Mr O’Sullivan rejected this allegation put to him by Felix McEnroy, senior counsel for Supt O’Neill, and said the garda was “mistaken” and that he had “zero recollection” of it happening.
Mr O’Sullivan was giving evidence on behalf of the prosecution in the trial of retired Superintendent Eamon O’Neill, and four serving Gardai, at Limerick Circuit Criminal Court.
The four gardaí on trial with Mr O’Neill are his partner, Sgt Anne Marie Hassett, Sgt Michelle Leahy, Garda Tom McGlinchey, and Garda Colm Geary.
The five accused deny a combined total of 39 counts of engaging in conduct tending or intended to pervert the course of justice in respect of road traffic summonses.
The court has heard evidence that Mr O’Sullivan led officers on a dawn raid of Supt O’Neill’s home in Co Clare in May 2019.
Mr O’Sullivan was met at the front door of the home by Sgt Hassett who was “upset” and she asked the GNBCI officers to take off their “GARDA” raid jackets.
The witness said he asked where Eamon O’Neill was, and he was told he was asleep upstairs.
It was 6:38am when gardaí entered the house.
Supt O’Neill was brought to Athlone Garda Station where he was questioned on suspicion of breaching section 62 of the Garda Síochána Act, disclosing information that could be harmful to an ongoing Garda investigation.
Supt O’Neill was released without charge and the DPP later directed he had no case to answer.
A number of mobile phones that were seized as part of the search at Supt O’Neill’s home, some belonging to Supt O’Neill, and one phone belonging to Sgt Hassett, were examined by GNBCI.
Following the seizure of the phones, other phones were seized from other gardaí, including Garda McGlinchey, Garda Geary, and Sgt Leahy, as well as a number of citizens who had allegedly sought help from Supt O’Neill in quashing summonses.
Mr O’Sullivan denied suggestions that his first investigation into Mr O’Neill, which lasted two years, was “a significant failure”, and that the second probe was an “attempt to distract away from the failure of the first investigation”, and a face-saving exercise to prevent another “scandal” in the gardaí.
Mr O’Sullivan agreed that he had been generally aware of previous scandals in the force involving penalty points statistics, after concerns had been raised by the Central Statistics Office over figures provided by An Garda Síochána.
Later, Mr O’Sullivan agreed with senior prosecuting counsel Carl Hanahoe that any suggestion the second investigation was a “tag onto the first investigation” is nonsense.
Det Chief Supt O’Sullivan also gave evidence that he contacted a named senior ranking garda, now retired, and informed them they were under suspicion for attempting to pervert the course of justice by contacting Eamon O’Neill and seeking to have summonses quashed in two separate cases.
Text messages sent by the high-ranking officer’s mobile phone to Supt O’Neill were shown in court.
The first message sent to Supt O’Neill was the name and address of a citizen to which Supt O’Neill replied: “who is he?”
The messenger replied:
When asked by Supt O’Neill’s barrister what he interpreted the message to mean, Mr O’Sullivan replied: “My interpretation is that it’s to intervene and to stop a matter.”
Mr O’Sullivan said he phoned the high-ranking garda and told them they were a “suspect” in the probe.
Under questioning, Mr O’Sullivan agreed he sent the high-ranking officer a list of dates and text messages and call logs between his phone and Supt O’Neill’s phone in respect of the matters.
Mr O’Sullivan said the high-ranking officer’s phone was not seized nor were they ever charged with any offence.
The high-ranking officer was interviewed for 23 minutes under caution at GNBCI headquarters by Mr O’Sullivan and Assistant Commissioner John O’Driscoll, and gave “short answers” to questions.
John Byrne, counsel for Garda McGlinchey, put it to Mr O’Sullivan that his client handed over his phone and pin code, and was questioned for over four hours in a garda station, while the high-ranking garda was interviewed in a “cosy” office for 23 minutes, and their phone was not seized.
Mr O’Sullivan said there was “nothing cosy” about being interviewed under caution, and he denied suggestions by Mr Byrne that he had not robustly interviewed the senior officer.
The four gardaí on trial were asked to meet with GNBCI detectives prior to their arrest, and handed over their mobile phones and pin codes and engaged in interviews under voluntary caution.
The trial, which is in its fourth week, continues on Friday.
