Trial of retired superintendent to go ahead in Limerick despite concerns over GAA links

 21 January 2022

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A JUDGE has decided to allow the trial of a retired superintendent and four gardaí to go ahead in Limerick despite concerns from the DPP about difficulties in securing an unbiased jury.

The DPP wanted the case moved to Dublin claiming there was a danger of jury bias given the well known sports figures involved and also media coverage.

Both arguments were rejected by Judge Tom O’Donnell, at Limerick Circuit Court, who said Limerick juries have always proven themselves well capable.

He said jurors in Limerick have shown “a robust intelligence and were well able to grasp issues and take instructions and warnings from judges”.

The DPP sought the transfer of the trial claiming there was a fear of bias due to the fact that one of a number of the alleged beneficiaries of the squaring of traffic offences were well-known GAA figures.

Four serving members of An Garda Síochána and a retired superintendent have been charged with attempting to pervert the course of justice.

It is alleged they interfered with the prosecution or potential prosecution of others in connection with various road traffic offences by communicating with prosecuting gardaí and taking other steps, on various dates between January 2018 and September 2019.

The defendants include former superintendent Eamon O’Neill and the four serving officers – Sergeant Michelle Leahy (45), with an address in Co Limerick; Garda Tom McGlinchey (48), with an address in Co Tipperary; Garda Colm Geary (34), with an address in Co Clare and Sergeant Anne Marie Hassett with an address in Clare.

Appearing for the DPP, Michael Delaney SC said the alleged offences came to light from a phone belonging to former Supt O’Neill which was examined in relation to a serious allegation against him which was subsequently dropped by the DPP.

Mr Delaney submitted there were strong local factors, including the involvement of well-known GAA figures in Limerick, including players. He also noted newspaper articles and comments in the Dail by two TDs, one from Limerick and the other from Clare.

It was the DPP’s view that there was a concern about the capacity of Limerick jurors to approach the case in an impartial manner given the profile of the personalities involved.

Mr Delaney said it would be unfair at this point to name players. There are already 71 witnesses for the case and the likelihood of more.

He referred to a number of news articles which he described as “very strong stuff” and noted a suggestion that the prosecutions should be dealt with as a disciplinary matter and warranting a “slap on the wrist”.

The coverage set out widespread sympathy and support for the accused gardai and for Supt O’Neill who at the time was a member of the Limerick senior hurling squads backroom team, the court heard.

Opposing the application, Brian McInerney SC, for the defendants said Limerick people had turned up for jury service even in cases connected to the vicious feud at the time and did their duty.

Respect and impartiality was also evidenced at big rugby games in Thomond Park when a kicker from the opposing side was always accorded total silence.

“You could hear a pin drop,” said Mr McInerney

James Dwyer, SC, also for the defendants, said Limerick juries have shown themselves to be robust.

And, he said the jury panel for trials in Limerick is one of the largest in the State.

He said the structure of district and circuit courts showed the importance of the local administration of justice.

He said the DPP had brought forward no evidence from any TV, radio or social media, such as would be normal in such applications.

Neither was there any newspaper readership figures which would be readily be available.

Jurors, said Mr Dwyer, take an oath to decide a case on the evidence and the DPPs application had no merit.

Dismissing the DPPs application to move the trial from Limerick to Dublin, Judge O’Donnell said the move was being sought on two grounds, adverse media coverage and the risk to the impartiality of a jury.

He said no matter where this case set down, there would be media coverage and he was not satisfied as to the contention there would be jury bias.

In his judgement today, Judge O’Donnell said he had 40 years’ experience both as a lawyer and a judge. He said Limerick had a large number of juror members available for the general population.

The Judge said Limerick jurors were able to understand trial procedures, the onus on the prosecution to prove a case beyond doubt and the rights of the accused.