The trial of a retired garda superintendent and four gardaí accused of intervening in potential or pending road traffic prosecutions heard today that search warrants were executed at garda stations and citizens homes during the probe by the Garda National Bureau of Criminal Investigation.
All five defendants 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.
They are retired superintendent Eamon O'Neill; serving Sergeants Michelle Leahy and Anne-Marie Hassett; Garda Tom McGlinchey and Garda Colm Geary, all within the Limerick and Clare garda divisions.
Detective Sergeant Robert Madden, GNBCI, gave evidence of securing search warrants for mobile phones and executing the warrants at Henry Street, Ennis, Murroe and Fermoy garda stations, as well as at several homes in the midwest in 2019.
The court was told that Garda Colm Geary and Garda Tom McGlinchey were given prior notice of the search warrants by superior officers and handed over their phones to investigating officers at Ennis and Murroe garda stations.
It was put to Det Sgt Madden, under cross-examination by John Byrne SC for Garda McGlinchey, that it was "highly unusual" to alert someone that he was coming to seize an item in advance.
The court heard that Garda McGlinchey was not on duty that day and came to Murroe Garda Station to hand over his phone to the GNBCI.
"Why was it deemed necessary to acquire a search warrant for the mobile phone, why not just ask for it?" Mr Byrne asked.
Det Sgt Madden said it was a criminal investigation, and if it was handed over voluntarily it could be rescinded.
Mr Byrne put it to Det Sgt Madden that if Garda McGlinchey had anything to hide, he could have taken a hammer to his mobile phone or thrown it to the bottom of a lake, away from the prying eyes of the GNCBI.
"He handed over his mobile phone on the back of the search warrant," Det Sgt Madden replied.
The court was also told of a briefing document, presented to Det Sgt Madden, which stated that Garda McGlinchey acted as an intermediary between Supt Eamon O'Neill and an unidentified prosecuting garda.
Under-cross examination by Jim O’Mahony, SC, on behalf of Sgt Anne Marie Hassett, put it to GNBCI witness that this all started when a Jason Gillane, with an address at Patrickswell, was allegedly detected driving while holding a mobile phone on the Dock Road in Limerick on 5 June 2018.
Mr O’Mahony put it to Det Sgt Madden that he executed a search warrant at the home of Aaron Gillane, a brother of Jason Gillane, in Patrickswell, Co Limerick.
Det Sgt Madden confirmed that he informed Aaron Gillane that he was under investigation for attempting to pervert the course of justice in relation to his brother.
He was told his phone was sought because it was believed it may contain evidence pertinent to the investigation.
The court heard that the detective sergeant was also tasked with obtaining a search warrant for the home of Pat Ryan in Cliggin, Doon, Co Limerick and Siobhán Scanlon in Ballingarry, Co Limerick.
They too were told that they were under investigation for attempting to pervert the course of justice, and both handed over their mobile phones and PIN numbers.
Mr O’Mahoney SC asked, if it was the case that five years later, not a single one of these three people had been charged with attempting to pervert the course of justice.
Det Sgt Madden agreed none of them had been charged.
The trial is being heard before Judge Roderick Maguire and a jury of eight men and four women.
