Limerick garda denies ‘sorting out’ alleged motoring offences for drivers living in or near Rathkeale

THE PROSECUTION in the case of a garda who is charged with perverting the course of justice will argue that the officer allegedly entered details into the Pulse garda system relating to people's motor insurance certificates “which suggested they were in order, when they weren't”. 

Evidence will continue this week in the trial of a Limerick garda who is accused of “sorting out” potential prosecutions for motorists stopped by gardai and found without their driving license or insurance discs.

Tom Flavin, aged 51, with an address in west Limerick, has pleaded not guilty to 22 counts of perverting the course of justice, contrary to Common Law.

Mr Flavin’s trial is being heard before judge Colin Daly in Limerick Circuit Criminal Court. A jury of eight men and four women were sworn in last week.

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A number of garda witnesses called by the prosecution gave evidence of stopping vehicles around the country and requesting the driver to produce their driving licence and insurance details.

When the motorist was not able to do this at the roadside, they were given the opportunity to nominate a garda station where they could produce their documents within ten days. All the drivers, who were living in or near Rathkeale, nominated their local station.

Garda witnesses told the court when they checked Pulse at a later date, they believed documents had been produced. 

However, the circuit court heard that some of the motorists were not insured, and they subsequently pleaded guilty and were convicted of driving without insurance.

One of the gardai in the witness box said they had checked with an insurance company about one of the motorists, and were informed the company did not have a policy for the driver.

The garda witnesses agreed under cross examination by Mr Flavin’s barrister, Mark Nicholas SC, while they had satisfied themselves, from checking the Pulse system that documents had been produced, they did not actually know what had been produced at the garda station, nor did they know who had received the documents. 

Mr Nicholas is appearing with Amy Nix BL, instructed by solicitor Dan O’Gorman.

Sergeant Martin Egan, of Policy Enforcement Unit of Road Traffic Legislation, An Garda Siochana, agreed with senior prosecution counsel, Fiona Murphy, that the Pulse system “automatically” notes or records the identity of a garda who enters information into Pulse.

In her opening address to the jury on Tuesday of last week, Ms Murphy, appearing with Maddie Grant BL, instructed by solicitor Lisa O’Reilly, office of the Director of Public Prosecutions, said allegations of wrongdoing surfaced against Mr Flavin when he was serving out of Rathkeale garda station.

The court heard it was in relation to a number of traffic stops on roads around the country, on dates between November 2016 and September 2018. “Information came to light concerning a garda allegedly engaged in sorting out driving insurance detections for individuals - that garda was Tom Flavin,” Ms Murphy alleged.

Ms Murphy said the prosecution’s case was that Mr Flavin allegedly entered details into Pulse relating to persons’ motor insurance certificates “which suggested they were in order, when they weren't”.

Ms Murphy said the jury would hear allegations that “alterations” were made to the information being input into the Pulse  system, and that the prosecution would show that “Tom Flavin made these entries”.

Ms Murphy told the jury that when a garda is logged into the Pulse system they automatically leave a “digital footprint”. She said the prosecution would produce “CCTV and phone evidence which would corroborate” these allegations.

Prosecution counsel told the jury that Mr Flavin was entitled to the presumption of innocence unless the jury otherwise found that the allegations against him were proved “beyond a reasonable doubt”.

Ms Murphy said the “burden of proof” lies with the prosecution, and that Mr Flavin does not have to prove anything. She said the jury were “not entitled to speculate” in the case, and they must only consider evidence heard in court when reaching a verdict.

Judge Daly told the jury “not to conduct your own investigations” into anyone involved in the trial; to avoid media coverage of the trial; and not to discuss the case with anyone outside of the jury.

The trial is continuing at Limerick Circuit Criminal Court this Tuesday.