A former head of the Limerick Garda Division has stated that a retired superintendent, currently facing charges of perverting the course of justice, did not possess the authority to cancel penalty points at the time the alleged offenses occurred. The case centers around allegations of interference in road traffic prosecutions.
Details Emerge in Trial
Carl Hanahoe SC, representing the prosecution, informed the court that the power to cancel penalty points was transferred to a central authority in Thurles in 2014, acting on direction from Garda Headquarters. Retired chief superintendent Gerry Mahon confirmed this transfer during his testimony.
Mahon acknowledged that, according to garda policy at the time, a superintendent lacked the power to cancel traffic tickets. While he suggested this could represent a breach of disciplinary procedures, he maintained his opinion that it did not constitute a criminal offense.
The trial involves five individuals: former superintendent Eamon O’Neill, and serving gardaí Sergeant Anne-Marie Hassett, Sergeant Michelle Leahy, Garda Tom McGlinchey, and Garda Colm Geary. All are accused of attempting to pervert the course of justice.
Context of a Violent Period
Testimony revealed that O’Neill served under Mahon during a period of intense gangland violence in Limerick, which resulted in over 20 deaths. Mahon praised O’Neill’s work as a detective during this time, highlighting a specific instance where O’Neill’s discretion led to crucial information from a witness, ultimately resulting in the arrest and imprisonment of five gang members.
Mahon stated, “I wish to acknowledge his enormous contribution to the safety of this city and county. I was on the front line with him. We faced anarchy. It was toe to toe and he did not blink.” He also disclosed that he authored a 17-page letter to the Garda Commissioner following the investigation into O’Neill, detailing the former superintendent’s skills and record. A request for a meeting with the Commissioner was subsequently denied.
During cross-examination, Mahon conceded that driving at 142km/h on a motorway was a “significant speed” and acknowledged the exponentially increasing risk of fatal collisions with increased speed. He also affirmed that using mobile phones while driving is illegal and that seatbelts save lives.
What Happens Next?
The trial, now in its eighth week, continues at Limerick Circuit Court before Judge Roderick Maguire. It is possible the prosecution will continue to focus on establishing whether O’Neill acted outside of his authority, regardless of intent. The defense may attempt to demonstrate that any actions taken were within the bounds of accepted practice at the time, or that the alleged actions did not meet the threshold for criminal behavior. A verdict could be weeks or months away, depending on the evidence presented and the arguments made by both sides.
Frequently Asked Questions
What charges are the accused facing?
The five accused – former superintendent Eamon O’Neill; Sergeant Anne-Marie Hassett; Sergeant Michelle Leahy; Garda Tom McGlinchey; and Garda Colm Geary – are accused of attempting to pervert the course of justice in relation to quashing road traffic summonses.
When was the authority to cancel penalty points transferred?
The power to cancel penalty points was transferred to a central cancelling authority in Thurles on the direction of Garda Headquarters in 2014.
What role did Gerry Mahon play during the period of gangland violence?
Gerry Mahon was the head of the Limerick Garda Division during a period of intense gangland violence, and Eamon O’Neill served under his command as a detective.
How might differing interpretations of “discretion” impact the outcome of this trial?
