Limerick garda trial hears of woman’s distress as baby present during raid on superintendent’s home

THE TRIAL of retired superintendent Eamon O’Neill and four serving gardaí heard that during a raid of Mr O’Neill’s house, six mobile phones were seized, along with an iPad and a USB memory stick.

The raid of the home he shared with his partner Sergeant Anne-Marie Hassett in Ennis was carried out under warrant on May 16, 2019, in relation to an alleged offence contrary to section 62 of the Garda Síochána Act 2005.

Mr O’Neill, then still a superintendent, was alleged to have disclosed information obtained in the course of his work for the gardaí.

Detective Sergeant Maria Cassells, who was the lead operative for the search, confirmed that there were no criminal charges in this matter.

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The trial of  five accused - retired superintendent Eamon O’Neill, Garda Colm Geary, Garda Tom McGlinchey, Sergeant Michelle Leahy and Sergeant Anne-Marie Hassett, is now in its third week at Limerick Circuit Court, in what has been predicted to be a six-week trial, if not longer.

Detective Garda Brian Reidy of the Garda National Bureau of Criminal Investigation (GNBCI) gave evidence of having been part of a group who searched the home of Mr O’Neill at 7am on May 16, 2019, after Mr O’Neill had been arrested and conveyed to a garda station in Athlone.  He told the court that eight exhibits were seized.

Two mobile phones were found in the master bedroom, while a further four phones were found in a safe in the wardrobe, along with an iPad from the sitting room downstairs in the house and a USB memory stick found on a set of car keys.

Felix McEnroy SC, representing Mr O’Neill, asked Detective Garda Reidy if the house search was a “planned coordinated search”, which he agreed it was.

Detective Garda Reidy said that they were made aware that there was a baby in the house and he recalled being asked not to wear his raid jacket.

The court heard that Sgt Hassett answered the door in pyjamas and a dressing gown and asked Det Sgt Cassells that the gardaí remove their raid jackets.

Detective Sgt Maria Cassells told the court she was not aware of any specific instructions or guidelines about a child being in a house during a search, but she said either herself or another garda checked on the baby who was asleep.

Representing the State, Carl Hanahoe SC asked Det Sgt Cassells if it would be common for children to be present in a house while a search is carried out or if people would be given advance notice of a search, so as to arrange childcare and she replied that advance notice of a search is never given “for fear of destroying evidence.”  

She told the court that Sgt Hassett was “very upset” and that after the baby woke, the baby was brought downstairs.

Jim O’Mahony SC said his client Sgt Hassett was “mortified that people would see this going on”, as there were also other gardaí living in the area.

Detective Sgt Cassells told the court that the house search lasted around one hour and 45 minutes.  

Detective Garda Reidy carried out examinations of the mobile phones using Cellebrighte software, before it was analysed by another specialist and one of the phones, belonging to Mr O’Neill, was brought by him (Det Gda Reidy) personally to London, where it was analysed and then he collected the phone and a USB with the information downloaded from the device.

The court heard that at the time of the house search in 2019, Detective Garda Reidy was the only mobile phone examiner in the GNBCI, but now there are others who have transferred to the bureau with the relevant skills and training.

In cross-examination by Jim O’Mahony SC representing Sgt Hassett, Detective Garda Reidy agreed that the search had nothing to do with her or to Fixed Charge Penalty Notices.

Jim O’Mahony SC made the point that it was meant to be a planned, discreet search, however, “that number of gardaí in that garb [raid jackets] at 6.30 in the morning in the month of May with the sun high in the sky, would attract attention”, adding that there were media reports of a senior garda being arrested in the Southern region.

 The trial continues at Limerick Circuit Court.