Anonymity sought for witness alleging garda collusion with drug gan

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Today at 01:30

The High Court is to be asked to grant an order which would protect the identity of a person who has claimed that gardaí colluded in the distribution of drugs.

The allegations have been made by an unidentified person who has sworn an affidavit saying they worked in the drugs trade “under the supervision and instruction of An Garda Síochána”.

This person has alleged gardaí “controlled what drugs got to what dealers”. The allegations relate to the period between 1997 and 2014.

A detective sergeant, who later rose to a senior rank in the force and is now retired, was identified in the affidavit as being “centrally involved”.

The Irish Independent understands that an application to redact parts of the affidavit and grant anonymity to the person who swore it is based on concerns for this person’s safety if their identity was to be disclosed.

A solicitor has told the court there is a threat to the person’s life.

The application came before Mr Justice Conor Dignam yesterday, but the judge was not in a position to hear it due to another case and adjourned the matter until later this year.

The application is being made by lawyers for Jack Doyle, a former garda who was stationed in Blarney, Co Cork. It is being consented to by lawyers for the Garda Commissioner.

In his lawsuit, Mr Doyle has sued the commissioner, seeking damages. He claims there was a conspiracy to force him into retirement in 1998 after he raised concerns that certain officers allowed criminals to receive drug shipments.

Following press coverage of a pre-trial application last year, the unidentified person came forward and swore and affidavit which lends credence to certain allegations made by Mr Doyle.

Earlier this year, Mr Justice Dignam ruled the affidavit could be admitted.

Yesterday, he indicated he could not grant the anonymity and redaction application just because it was being consented to by both sides.

The judge said he would have to consider the application, as justice has to be administered in public except in specific and rare circumstances.

The former senior garda named in the affidavit – dubbed Detective Sergeant A by the judge – is one of six ex-gardaí who have claimed they cannot remember, due to ill health and the passage of time, drugs operations in the south of the country and other alleged events described by Mr Doyle.

In a legal filing, Mr Doyle’s solicitor Pat McMyler told the court that given the contents of the affidavit “it seems beyond belief” Detective Sergeant A “would not have sufficient recall of matters” to deal with his client’s claim.

The solicitor said it was clear Detective Sergeant A was “centrally involved with the same characters and the same modus operandi for some significant time” after Mr Doyle’s forced retirement in 1998.

“In fact, he continued to oversee similar matters in which the witness was involved up until 2013/2014,” the solicitor said. Mr McMyler said the fact the witness had chosen to come forward “despite a threat against his life supports the contention that these are grave matters of public interest”.

The commissioner has not entered a defence in the case, claiming it has not been possible to do so due to the death and illness of some witnesses and a lack of knowledge as to the whereabouts of others.

Last year, lawyers for the commissioner sought to have Mr Doyle’s lawsuit dismissed, claiming there was a substantial risk there would not be a fair trial due to the passage of time. They also alleged there had been delay by Mr Doyle in proceeding with the case.

Before Mr Justice Dignam could rule on the dismissal application, the judge was informed of the person coming forward with new information.

The judge said matters alleged by Mr Doyle in relation to Detective Sergeant A were “a very significant part” of his case and that the new allegations would probably have an important influence on the court’s assessment of whether Detective Sergeant A’s lack of memory was as significant as claimed.

In his lawsuit, Mr Doyle said that while he was a garda he had an informant who infiltrated a serious drugs gang, providing gardaí, including Detective Sergeant A, with information on major criminals. However, according to Mr Doyle consignments of drugs were allowed go through to criminal gangs with the knowledge of gardaí and leading criminal figures were not arrested.