The former head of the Garda National Bureau for Criminal Investigation (GNBCI) has denied suggestions that he investigated a superintendent over alleged squaring of road traffic summonses because he had failed to charge him on another matter.
Retired Detective Chief Superintendent Walter O'Sullivan was giving evidence in the trial of retired superintendent Eamon O’Neill and four gardaí who deny charges that they interfered in potential or pending road traffic prosecutions.
Mr O’Sullivan gave evidence of arresting Supt O’Neill at his home on 16 May 2019, and questioning him in relation to allegations that he disclosed information obtained during his duties that could compromise a criminal investigation.
The court heard that following the investigation, it was found that Supt O’Neill had no case to answer.
A second investigation into Mr O’Neill arose after mobile phones seized during searches of his home and office at Roxboro Garda Station led to charges that he attempted to pervert the course of justice by intervening in potential or pending road traffic prosecutions.
Defence barrister Felix McEnroy SC, on behalf of Mr O’Neill, put it to Mr O’Sullivan that the first investigation had been an embarrassing failure for the GNBCI and the second investigation into his client was a face-saving exercise for An Garda Síochána.
Mr O’Sullivan denied that the investigation into alleged quashing of fixed charge penalty notices was an attempt to distract from the first investigation.
Mr O’Sullivan agreed with the defence barrister that he was aware of "a previous scandal" in An Garda Síochána about FCPN cancellations which led to an internal investigation and subsequent report.
Under re-examination by the prosecution, Mr O’Sullivan agreed with Carl Hanahoe SC, that the suggestion by the defence that the GNBCI pursued Mr O’Neill because they couldn’t get him on more serious matters is "nonsense".
The former head of the GNBCI denied an allegation put to him in court that he had asked a named garda to square a road traffic summons. "He’s mistaken" Mr O’Sullivan said, when details of the alleged encounter were outlined to the court. Mr O’Sullivan described the allegation as a lie.
The jury also heard evidence that a named high ranking garda, who was suspected of attempting to pervert the course of justice in relation to two road traffic offences, was questioned under caution at Harcourt Square, the headquarters of the GNBCI.
The court was told that the senior garda, now retired, was questioned by Det Chief Supt O’Sullivan and Assistant Commissioner John O’Driscoll in an interrogation that lasted 23 minutes.
Text messages exchanged between the garda and the accused Mr O’Neill were shown to the jury in court today.
A text from the high ranking officer to Mr O’Neill read: "Eamon, that’s a friend of mine, stopped for a seat belt in Oola today. Could you make enquiries? If it’s too late, no problem."
The jury heard that the senior garda was never prosecuted in relation to these matters.
Defence barrister, John Byrne SC, on behalf of Garda Tom McGlinchey, asked why the high ranking garda had been questioned for 23 minutes in a conference room at GNBCI headquarters while his client was questioned for over four hours in an interview room in Mayorstone Garda Station.
Mr O’Sullivan said there was "nothing cozy about being interviewed under caution" by gardaí.
He said allegations were put to the senior officer and "his answers were very short" because he deferred to his statement.
Former garda superintendent O'Neill, Sergeant Anne Marie Hassett, Sergeant Michelle Leahy, Garda Tom McGlinchey and Garda Colm Geary 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 trial continues before Limerick Circuit Court.
