Retired chief tells Limerick garda trial of divide between policy and 'real world' practice

A FORMER chief superintendent in the Limerick garda division has conceded in cross-examination that a superintendent did not have the power to cancel a Fixed Charge Penalty Notice (FCPN) after a garda HQ directive was issued in 2014. 

Gerard (Gerry) Mahon was giving evidence in the trial of retired superintendent Eamon O’Neill, Garda Colm Geary, Garda Tom McGlinchey, Sergeant Michelle Leahy and Sergeant Anne-Marie Hassett in relation to the alleged squaring away of penalty point charges. 

READ ALSO: New video campaign promotes Limerick as a leading student city

The alleged offences occurred between October 2016 and September 2019. 

Barrister for the State, Carl Hanahoe SC put it to Mr Mahon that Mr O’Neill did not have the power to cancel any ticket, following the introduction of a new policy and central cancelling authority in 2014. 

Mr Mahon agreed “in policy” that Mr O’Neill did not have the power, but that things are different in “the real world.”

Mr Mahon referred to examples in his own career when he did not pursue a prosecution due to a person’s personal circumstances or in one instance where a farmer was driving erratically due to working for two days without sleep. 

Speaking about how important discretion is, Mr Mahon said that all circumstances have to be considered. 

He recalled from his own career how at one point, himself and garda colleagues were surrounded by gang members who had iron bars, and other weapons and that they managed to get away because of a previous interaction between a family in the area and his garda colleague. 

“I was absolutely terrified for my life,” he told the jury. 

He said that discretion “is where the law meets the people” adding that with the exception of a serious crime, members of the public are entitled to ask a member of the gardaí for discretion. 

Mr Mahon said that while upholding the law, gardaí are also assessing the “human situation” and that is something which is constantly evolving as society changes too. 

Even recently, long after his retirement in 2009, a man in his 60’s approached Mr Mahon in the city and thanked him for treating him in a decent way when he was younger. 

Mr Mahon described Mr O’Neill as a “really effective officer”, outlining his pivotal role in the successful prosecutions and investigations of gangland crime in Limerick. 

Mr Mahon said that Mr O’Neill’s work resulted in the “clear saving of lives.” 

He spoke to the jury about how he worked with Mr O’Neill at a time when 200 guns related to the Limerick feud were found in Manchester and at one point Mr O’Neill was the only garda who a senior gang member would speak to. 

He said that after he became aware of investigations into Mr O’Neill, he wrote a 17-page letter to the garda commissioner of the time, outlining the skills, professionalism and dedication of Mr O’Neill in his opinion. 

Mr Mahon said that Mr O’Neill had a wide knowledge of Limerick and if he “needed to know something” he went to Mr O’Neill. 

“I was on the front line with him and we faced anarchy toe to toe and he didn’t blink,” Mr Mahon said. 

When asked by barrister Felix McEnroy SC if not pursuing a road traffic offence would result in a prosecution for allegedly perverting the course of justice, Mr Mahon was adamant in his reply: “absolutely not, not for one second.” 

The trial is now in week eight and continues this afternoon at Limerick Circuit Court in Mulgrave Street courthouse.