Applications made to strike out cases against three Limerick gardai in court

THREE members of An Garda Siochana accused of the squaring away of Fixed Charge Penalty Notices (FCPNs) over road traffic offences had their trials adjourned at Limerick Circuit Criminal Court, this Monday.

Garda Peter O’Donnell, aged 52; Garda Paul Baynham, 37; and Garda Niall Deegan, 51, all deny a total of 33 charges between them that while they were serving as a member of An Garda Síochána, they did communicate with other gardaí, in a manner which had a tendency or was intended to pervert the course of public justice, on dates between 2017 and 2019.

The garda investigation was led by detectives attached to the Garda National Bureau of Criminal Investigation (GNBCI).

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Carl Hanahoe SC, for the prosecution, asked for matters to be adjourned in relation to all three gardai. 

“The prosecution is not in a position to proceed,” said Mr Hanahoe, who spoke of “budget overruns” as a reason for the delay. The barrister said that the trial of each garda would last three weeks.

John Byrne SC represented Garda O’Donnell and Garda Baynham. James B Dwyer SC acted for Garda Deegan.

The two senior counsel said they have not received disclosure on behalf of their clients.

Mr Byrne said: “It is a highly unsatisfactory situation.”

The court heard the three gardai have been investigated since 2019 and suspended from duty since 2020.

Mr Byrne said: “It is an extraordinary situation for them.”

Mr Dwyer and Mr Byrne both made applications for matters to be struck out against their clients with Mr Dwyer citing and handing in case law to Judge Colin Daly.

Judge Daly said: “I am going to grant the adjournment.” The judge listed the cases against the three gardai for mention on April 14.

“If disclosure is not completed within a very reasonable time I will consider a fresh application to have proceedings struck out,” said Judge Daly.

The judge said he does not have capacity to hear the trials in April, saying he is minded to seek a second judge for the Michaelmas term (late September to October) and have the trials run back to back.

Garda O'Donnell, Garda Baynham and Garda Deegan were remanded on continuing bail.