THE CASE AGAINST three road policing gardaí for cancelling traffic tickets is to be withdrawn, the Director of Public Prosecutions has told solicitors for the accused.

Earlier this month, on 3 March, the trial against the gardaí was due to go ahead but it was adjourned. Carl Hanahoe, Senior Counsel, for the State told Judge Colin Daly at Limerick Circuit Criminal Court that the case was stalled because the prosecution team did not have the finances to facilitate the production of key documents needed for the defence. 

The issue was centred around the practice of discovery. This is where the prosecutors must furnish all documents to the defence before a trial commences. 

The three accused, retired Garda Peter O’Donnell, 52, Garda Paul Baynham, 37, and Garda Niall Deegan, 51, were all serving in the Limerick Garda Division in Road Policing and charged with perverting the course of justice in connection with the alleged termination of road traffic offence tickets. They all pleaded not guilty.

The gardaí have been suspended since 2020 after a probe by the National Bureau of Criminal Investigation (NBCI) began.

The Journal has learned that solicitors for the gardaí received an email from the Director of Public Prosecutions to tell them the case would be withdrawn before the court on 25 March.

The strike out, known by legal professionals as a nolle prosequi, will be entered in Limerick Circuit Court next week. 

The case is associated with that of four serving gardaí and a retired Superintendent and is centred around the “squaring” or non prosecution of road traffic tickets. 

The five were charged with perverting the course of public justice in relation to the cancelling of fixed charge penalty notice. Leahy was accused of the offence in connection to striking out a summons while in court.

They were found not guilty by a jury in Limerick Circuit Criminal Court after an eight week trial. 

The National Bureau of Criminal Investigation investigated the allegations and interviewed some 130 people.

A statement has been requested from the Director of Public Prosecutions (DPP) and An Garda Síochána.