A chief superintendent has denied telling two gardaí that they could be treated as witnesses and not suspects depending on their answers to questions while being interviewed during an investigation into attempts by other gardaí to pervert the course of justice.
A jury in the trial of a retired superintendent and four gardaí heard evidence from Chief Superintendent Michael McNulty who led the Garda National Bureau of Criminal Investigation's probe into the five accused.
The defendants are retired Supt Eamon O'Neill, Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Colm Geary and Garda Tom McGlinchy.
They have pleaded not guilty to a total of 39 offences of engaging in conduct tending and intended to pervert the course of justice contrary to common law on dates between October 2016 and September 2019.
The court heard that Chief Supt McNulty made a list of suspects and witnesses and that two people on the list of suspects included Garda Alan Griffin and Garda Niall Deegan, both with the Limerick Garda Division.
The court was told their mobile phones were seized under warrant as part of the investigation, and they had been invited to be interviewed under voluntary caution.
Under cross-examination by Felix McEnroy SC, for one of the defendants, retired Superintendent Eamon O’Neill, Chief Superintendent McNulty rejected claims that he had told Garda Griffin that anything said during an interview with GNBCI officers "could change you from a suspect to a witness", or that investigators were "only interested in a certain Superintendent O’Neill".
Chief Supt McNulty, who is now with the Dublin Metropolitan Region, also denied telling Garda Niall Deegan that he would be "moved from suspect to witness" depending on what he said during an interview.
The two gardaí, who are not defendants in the case, made these allegations in statements; excerpts of which were read to the court.
Mr McEnroy asked Chief Supt McNulty if Garda Deegan was lying, to which he replied, "Yes, Judge".
He said Garda Deegan was mistaken, saying "it’s not the truth".
Chief Supt McNulty told the court that he did not have any conversation with the gardaí, apart from introducing himself, and he had not taken notes while accompanying investigating officers to Henry Street Garda Station in Limerick as he was only there as an observer.
Defence barrister Jim O’Mahony SC put it to Chief Supt McNulty that holding out "inducements to a witness" is not allowed.
Mr McNulty agreed that "the offer of an inducement would be unacceptable".
The trial previously heard evidence that Chief Superintendent John Scanlon, now retired, was questioned under caution during an interview that he attended voluntarily at GNBCI headquarters in Dublin.
The court heard that Chief Supt Scanlon was suspected of having attempted to pervert the course of justice in relation to a text message that the GNBCI found on Supt O’Neill’s phone.
The text message read: "Eamon, that’s a friend of mine, stopped for a seatbelt in Oola. Could you enquire? If it’s too late, no problem."
The court heard Chief Supt Scanlon’s phone was not seized as part of the GNBCI probe, and he was found to have had no case to answer.
Chief Supt McNulty was asked by Mr O’Mahony SC if he was disappointed that Chief Supt Scanlon’s phone was not seized.
"I would have rathered his phone was seized as well," Chief Supt McNulty told the court.
Mr McEnroy, on behalf of Mr O’Neill, argued the GNBCI investigation was motivated by its "failure" to bring charges against his client in respect of a previous separate probe, for which he was found to have no case to answer.
Chief Supt McNulty told the court that the second investigation commenced when the first investigation was still ongoing, and that he had a statutory obligation to investigate crime.
"I couldn’t opt in and opt out," he said.
"I’m legally obliged to investigate criminality, which is what I did, Judge."
The exercise of discretion by gardaí has been a central feature of this trial, and Chief Supt McNulty was asked to explain his understanding of garda discretion.
He said it was a part of policing that discretion should be applied "fairly, equally, without fear or favour, malice or ill will" and should not be used for family members, friends or associates.
The trial, which is in its sixth week, continues before Judge Roderick Maguire and a jury of eight men and four women.
