The trial of a Limerick businessman accused of giving a detective €20,000 in exchange for information has heard recordings of audio surveillance of the two men speaking about ongoing "secret" and sensitive garda investigations.
Stephen O'Sullivan, aged 42, is accused of giving to or agreeing to give Detective Garda David Bourke a monetary gain as an inducement to reveal confidential information concerning an investigation being carried out by the Criminal Assets Bureau (CAB) in relation to Stephen Bawn Motors trading as Bawn Motors.
Mr O'Sullivan of Farrehy, Broadford, Co Limerick is a director of the business.
He has pleaded not guilty at Dublin Circuit Criminal Court to one single count of corruption at Bruree, Co Limerick on 22 December 2018.
On day two of the trial Detective Superintendent Seamus Nolan told the jury that in November 2017 gardaí established a significant investigation targeting a number of individuals including the defendant.
The investigation was codenamed Operation Glacier and involved CAB and local gardaí, he said. He agreed that it was deemed to be "a sensitive investigation" and there was an emphasis on confidentiality.
He said the investigation was managed by a very small team and those involved were "continually reminded of the potential consequences of the disclosure of the details or the fact of the investigation".
'Secret and sensitive' operation
It was a "secret and sensitive" operation, he told the court. He said by the end of 2019 the operation was at an advanced stage and at a point where searches would be conducted.
Det Supt Thomas Lynch told Eoin Lawlor SC, prosecuting, that at that time he was seconded to CAB. He said CAB was a statutory body charged with tracing and identifying assets that arises from the proceeds of crime.
In May 2018 he attended a garda management meeting in Limerick about an investigation to examine whether or not certain people, including the defendant and two of his business partners, were in possession of criminal proceeds.
He said that investigations to establish if any of the assets at Bawn motors or of Mr O'Sullivan were derived from criminal conduct, directly or indirectly were ongoing in December 2018.
He agreed with Mark Lynam SC, defending, that Det Gda Bourke was not part of this investigation and would not have been briefed on it. He agreed that the two business partners, named in court, had supplied a number of cars.
A detective sergeant attached to the security and intelligence section, who cannot be identified, told Mr Lawlor that in December 2018 his superior officer had applied for judicial authorisation to have audio surveillance deployed inside a white Citroen Berlingo Van, which the jury heard was registered to David Bourke of Main street, Oola, Co Limerick.
Audio from this surveillance recorded on the evening of 22 December 2018 was played to the jury. The court heard that the two men on the audio were Det Gda Bourke and Mr O'Sullivan.
'Twil be a happy Christmas for you anyway, there's 20'
At the start of the conversation Dt Gda Bourke wishes the defendant happy Christmas. Mr O'Sullivan replies: "I dunno 'bout a happy Christmas, 'twil be a happy Christmas for you anyway, there's 20."
Dt Gda Bourke replies: "Jesus say what now, I haven't really fuckin earned that really, do you know that", and the defendant says: "Well sure it's there anyway."
Dt Gda Bourke then says he has got "good news" for the other man.
"I was talking to a man...He said they've detected no criminality...Which is exactly what you wanted," Det Gda Bourke states. He then tells the defendant: "I'm going to warn you now, they'll be after you 100%, at 100 miles an hour.
"They are going to search you...they're going to go into your offices and take everything you have away. Ok?"
Mr O'Sullivan later asks Det Gda Bourke about "Operation Glacier" and if it is "put aside or is it gone?"
Det Gda Bourke replies: "No, it's not, still going ahead and they are still coming down to meet us.
"They looked into your thing - don't think they could find anything wrong apart from, they're always going on there way too much money going through your books for any car business".
The defendant replies: "That's just business, that's me driving it on."
Det Gda Bourke later says: "The other thing is it's being kept very tight because there is stuff over the phones about some guard talking."
He later adds: "I'd have a fair idea who it was but fellas are talking over the phones and got overheard. Talking about a guard that was, well I don't know if my name was mentioned. That's one thing I don't know, and that's the problem, that's why its gone so quiet."
'I'll keep trying to find out'
At another point in the 35 minute long recording, Det Gda Bourke tells the defendant: "I'll keep trying to find out and you know I appreciate everything. I don't want anything more from you I don't."
He later adds: "It's all hush hush with the top brass in Henry st.. So there is no one being told anything. Normally could find out anything but it's getting more difficult. So I don't expect anything. Ok you are fine. I don't want another penny."
After Mr O'Sullivan exits the car and the conversation is over Det Gda Bourke is recorded saying "get in there".
In other evidence Chief Superintendent Derek Smart testified that Det Gda Bourke joined the gardaí in 1995 and was initially stationed at Killarney, Co Kerry. He was transferred in 1998 to the Limerick division and stationed at Roxboro and in 2002 he was made a detective.
The witness agreed with Mr Lynam, defending, that Gda Bourke worked as a detective "on the ground" during one of the worst crime epidemics in the city.
He agreed that Gda Supt Eamonn O'Neill would have worked with Dt Gda Bourke in relation to serious crime.
The trial continues in evidence before the jury on Tuesday next.
