A Fine Gael councillor asked a Garda Superintendent to ‘sort’ his 142kph speeding ticket while simultaneously pushing a council motion on speed vans, a trial has heard.

David Raleigh

Text messages between Eamon O’Neill, left, and Tomás Ó Sé, right, about a speeding offence were shown to a jury

A Fine Gael county councillor asked a Garda Superintendent to “sort” a speeding ticket for him at the same time he was issuing a motion calling on the government to review the locations of speed vans in his native Limerick, a trial heard Wednesday.

Text messages exchanged between Limerick County Fine Gael Councillor, Liam Galvin, and Garda Superintendent, Eamon O’Neill, were heard in evidence at the trial of Mr O’Neill, now retired, and four serving gardai, who are all accused of unlawfully interfering in pending or potential road traffic prosecutions.

The court heard that Mr Galvin, Ballaugh, Abbeyfeale, Co Limerick, sent Supt O’Neill an image of a fixed charge penalty notice relating to him being detected by Garda Josephine Falvey, allegedly speeding at 142kph in a 120kph zone at M20, Patrickswell, November 12, 2017.

The image sent by Mr Galvin to Supt O’Neill was accompanied by a text message that said: “Please read, chat later.” In response, Supt O’Neil texted Mr Galvin: “A decent lady”, to which Mr Galvin replied, “sort her so”.

A subsequent text message sent from Supt O’Neill to Mr Galvin said: “Have I ever let you down, kid?”.

Laura Galligan, a forensic telecommunications examiner with An Garda Siochana, said she forensically examined Mr Galvin’s phone as part of an investigation that was led by the Garda National Bureau of Criminal Investiagtion (GNBCI).

A later message sent from Mr Galvin to Supt O’Neill read: “Can you sort that for me?” Supt O’Neill replied: “I’m trying my friend.”

A further message sent from Supt O’Neill to Mr Galvin asked: “How many have you ATM?”, to which Mr Galvin replied, “Not sure, but lots.”

A further message sent from Cllr Galvin to Supt O’Neill was of an image of a Council motion captioned with the words “Ha ha ha”, which stated: “I will move to ask the government for a review of go safe vans in Co Limerick.” A subsequent text message sent from Supt O’Neill to Mr Galvin stated: “Is sorted.”

Mr Galvin is not one of the five accused on trial, he has not been accused of any wrongdoing, and he was not arrested as part of the GNBCI probe.

The five accused, including Mr O’Neill, his wife Sergeant Anne-Marie Hassett, Sergeant Michelle Leahy, Roxboro Road Garda Station; Garda Tom McGlinchey, Murroe Garda Station; Garda Colm Geary, Ennis Garda Station, have pleaded not guilty to a total of 39 counts of attempting to pervert the course of justice.

It’s the State’s case that Supt O’Neill received requests from civilians and other gardai, seeking to have potential or pending road traffic offences against motorists withdrawn or struck out of court, and that Supt O’Neill forwarded these enquires onto his co-accused to check with gardai involved in the prosecutions if anything could be done to withdraw or strike out the cases.

Supt O’Neill said in a prepared statement to investigating gardai that “the involvement of members of An Garda Síochána, in particular, those of high rank, including Superintendents, in dealing with Fixed Charge Penalty Notices…is not a criminal offence and never was a criminal offence”.

Mr O’Neill also argued that “internal circulars and reports within An Garda Siochana allow for such behaviour”.

He added: “Discretion is part of good policing, and the cultivation of good community relations, which is fundamental to the work of An Garda Síochána.”

In a statement given to investigating gardai, Sgt Hassett said any communication she had with colleagues in relation to the alleged offences committed by civilians or others was in the “bona fide pursuit of the long established custom and practise, by members of Garda Siochana, in assisting prosecuting members to exercise properly and appropriately their discretion” in each case.

She said she “strenuously denied” the three charges against her, and that any actions by her, were guided “with particular regard to the principles set out in the ‘Discretionary Powers of An Garda Siochana’ report, by Assistant Commissioner John O’Mahony in 2013, and conformed with the principles and standards outlined in the document (Discretionary Powers – An Garda Siochana)”.

The trial which is in its fifth week, is continuing before Limerick Circuit Criminal Court.