Text messages sent between gardaí in relation to 'squaring' pending road traffic prosecutions have been shown to a jury in the trial of a retired superintendent and four gardaí at Limerick Circuit Court.
Former garda superintendent Eamon O'Neill, Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Colm Geary and Garda Tom McGlinchy 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.
A thread of text messages sent from one of the defendants, Sgt Hassett, to a witness in the trial, Garda John Marsh who worked with the Roads Policing Unit in Limerick, was shown to the court.
One of the texts from Sgt Hassett asked: "Any way you could talk to Kenny [Sgt Jeff Kenny] about a square?"
Carl Hanahoe SC for the prosecution asked Garda Marsh what did "a square" mean, to which Garda Marsh said it was "an expression" used by gardaí for exercising their discretion.
The text from Sgt Hasset continued: "I’m afraid I’ve asked for too many favours from Jeff in recent past."
Garda Marsh’s reply was shown to the court: "I’m afraid I have gotten a few squares off him as well."
Another text from Garda Marsh to Sgt Hassett read: "In all fairness to him a lot of people looking for em (sic) and most people have started a family, close friends policy cause people looking for squares again has gone nuts."
Under cross examination by Felix McEnroy SC on behalf of former garda superintendent Eamon O’Neill, Garda Marsh agreed that he knew Sgt Hassett and that he did not think there was anything inappropriate about being contacted by her in this way.
He was asked if he had used his discretion during his 16 years as a garda with the Roads Policing Unit, to which he replied: "Yes. 100%. I never had a closed mind."
"Is your discretion switched off at any stage?" Mr McEnroy asked. "No", Garda Marsh answered.
'Good relations and respect from the public'
Mr McEnroy asked what the benefit to gardaí in exercising discretion was, to which Garda Marsh said "good relations and respect" from the public.
In earlier evidence, Sgt Jeff Kenny, who was also attached to the Roads Policing Unit in Limerick at the time, gave evidence of receiving a phone call from Supt O’Neill enquiring about a road traffic case he was prosecuting.
Sgt Kenny said he could not remember exactly what was said but that Supt O’Neill "might have asked if there was anything I could do" and that he told the Superintendent that he was proceeding with the case.
The court heard the motorist in the case was ultimately convicted and fined.
Under cross examination by Mr McEnroy SC, Sgt Kenny agreed that exercising discretion is a part of his work: "Discretion is used every single day for various reasons."
He agreed with the defence barrister that he did not think "there was anything inappropriate or criminal" about being contacted by Supt O’Neill about the case.
The trial continues before Judge Roderick Maguire and is expected to last until Christmas.
