'Who you know and who you play for' key part of prosecution case in Limerick garda trial, court told

"WHO you know and who you play for” is a central element to the prosecution case, according to the State barrister in the Limerick garda trial. 

Barrister Carl Hanahoe SC delivered much of his closing statement for the State prosecution today, Wednesday, January 21. 

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He told the jury that the motorists who allegedly had Fixed Charge Penalty Notices (FCPN) quashed did so because of their “personal connection” to retired superintendent Eamon O’Neill.  

Retired superintendent Eamon O’Neill, Garda Colm Geary, Garda Tom McGlinchey, Sergeant Michelle Leahy and Sergeant Anne-Marie Hassett are all on trial. 

Each of them have pleaded not guilty to a total of 39 charges, which all relate to attempting to pervert the course of justice over FCPNs relating to road traffic offences.

These offences are alleged to have occurred between October 2016 and September 2019. They include squaring away of penalties for offences including speeding, holding a mobile phone while driving, having no insurance and not wearing a seatbelt.  

Mr Hanahoe said that the prosecution case is that “discretion is replaced by preference".

He said that the motorists referred to throughout the trial were “treated differently because of who they are.”

Mr Hanahoe pointed out that of the 26 motorists referred to, all but two did not have to take on penalty points or appear in court “because of their personal connections to Mr O'Neill.”

He said that the remaining two motorists were “friends of friends.”

Mr Hanahoe said that Mr O'Neill making the decision to get involved in the potential prosecution of FCPNs “was not chance.”

Mr Hanahoe recognised that much of the eight-week trial was consumed by legal argument. 

“We have been utterly distracted and completely befuddled,” he said in reference to evidence and long debates throughout the trial. 

“I say what they were is distractions,” he added. 

He told the jury that: “None of the accused were detecting members” involved in the detection of the alleged road traffic offences. 

Before closing statements, the final witness in the trial, Fintan Fanning, former assistant garda commissioner told the trial that more evidence is needed for an investigation, aside from text messages. 

Like many witnesses, Mr Fanning was shown a number of text messages between Mr O’Neill and others, often with a picture of a court summons attached, and he told the prosecution that he couldn’t interpret messages without more information. 

“The text messages, they don’t read well,” he said. 

“There would have to be a really thorough investigation. I wouldn’t stick a couple of text messages together and say it all adds up.”

It was put to Mr Fanning by barrister Carl Hanahoe SC, that Mr O'Neill had sent text messages advising how a motorist might make a false declaration. 

Mr Fanning said that he wouldn’t have sent text messages like the ones on screen. 

He said: “I wouldn't do it, but I know some people who give advice or common sense advice.”

The closing statement of the prosecution is expected to be brought to a conclusion tomorrow morning at Limerick Circuit Court, before five closing statements for each of the accused will be delivered.

Following that, Judge Roderick Maguire will charge the jury before they begin deliberating in the hopes of reaching a verdict.