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From left, Justice Minister Jim O'Callaghan, Commissioner Justin Kelly and Taoiseach Micheál Martin. Rollingnews.ie

Garda Commissioner and Justice Minister push back on Taoiseach's call for review into garda trial

Four serving gardaí were cleared in a Limerick court last week of perverting the course of justice after a six year long investigation and eight week trial.

THE GARDA COMMISSIONER and Justice Minister have pushed back on the Taoiseach’s call for a review into the investigation that led to the Limerick road traffic cancelling trial.

Four serving gardaí were cleared in a Limerick court last week of perverting the course of justice after a six year long investigation and eight week trial.

A jury at Limerick Circuit Criminal Court cleared the officers and a retired superintendent of any wrongdoing after an eight-week trial

The case centred around the termination of road traffic tickets after requests by members of the public to gardaí not to issue fines. Defence successfully argued that the gardaí were using their power of discretion to halt minor prosecutions. 

Questions are now being raised over the logic of pursuing the case, with estimates that it could have cost an estimated €3 million.

Following questions in the Dáil by Fianna Fáil TD Cathal Crowe, Taoiseach Micheál Martin on 29 January called for a review into the case which was led by the National Bureau of Criminal Investigation (NBCI).

“It seems that a review of what transpired needs to happen because it impacted Garda morale more broadly and had a significant negative impact on the careers of the five gardaí and, as the Deputy stated, of others as well,” the Taoiseach said at the time. 

Today in Templemore Garda College, Commissioner Justin Kelly and Justice Minister Jim O’Callaghan, both hit back at the suggestion of a review. 

O’Callaghan said: “Again the administration of Justice is the responsibility of the courts and sometimes people think something goes wrong when people are acquitted but that’s not the case at all. 

“The administration of Justice will result in people being convicted or acquitted. When it comes to the case in Limerick I very much recognise the four members of An Garda Síochána and one retired member, they were acquitted.” 

O’Callaghan said he did not hear the Taoiseach’s wording in regard to the review. He said the evidence that was put before the court was rejected by the jury and the gardaí were found not guilty. 

The Garda Commissioner said that the Director of Public Prosecutions had decided to bring the charges on foot of the evidence compiled by what he said was “the most experienced unit” in An Garda Síochána – the NBCI.   

“The DPP decided on the charges, that there would be charges, so the DPP is obviously completely independent to us and they decided it went to court. 

“There were several challenges [to decide if] it would proceed or not, and all those challenges led to that case proceeding. The case went to a full trial and it went to the jury and a jury of the peers of those five individuals, four gardaí and one retired garda, decided they were not guilty and they acquitted them.

“That is the system, the democratic system. As soon as they were acquitted we reinstated those members into An Garda Síochána. Those four are certainly welcomed back into their careers in An Garda Síochána but that is the result and there are lots of independent checks and balances,” he said. 

It is understood that Kelly and other senior officers have met to discuss the case and had said that they would wait for legal advice. 

Two gardaí continue to be suspended despite the DPP directing that there should be no prosecution in their cases. They have been out of work for five years.

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