Prosecution against three Limerick gardaí will not go ahead

THE STATE prosecution case against three members of An Garda Síochána, accused of squaring away Fixed Charge Penalty Notices (FCPNs) will not be going ahead. 

Garda Peter O'Donnell (52), Garda Paul Baynham (37) and Garda Niall Deegan (51) were charged with a total of 33 charges between them, that while serving as gardaí that 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 initial investigation was led by detectives from the Garda National Bureau of Criminal Investigation (GNBCI). 

Barrister Carl Hanahoe SC, for the prosecution, today, Wednesday, entered a nolle prosequi for all three accused, which was accepted by Judge Colin Daly in Limerick Circuit Criminal Court. 

A nolle prosequi is a formal declaration from the prosecution to stop criminal proceedings - this means that the case will no longer be prosecuted. 

It acts as a stay on court proceedings and all charges are dropped. 

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There was a large group of supporters in the courtroom, standing in solidarity with the gardaí, including senior members of An Garda Síochána. 

Garda O'Donnell and Garda Baynham were represented by John Byrne SC, while James B Dwyer SC represented Garda Deegan. 

All three had been suspended from duty since 2020. 

In a statement after the hearing, solicitor Liz Hughes of Hughes Murphy said that the nolle prosequi is to be welcomed. 

"I welcome this long overdue vindication of the innocence of Gardaí O’Donnell, Deegan and Baynham, which follows the recent acquittals of their colleagues and the return to duty of all other suspended members.

"Each of them would like to acknowledge the support from their families and friends and colleagues who saw daily the toll this took on them and whose reassurance kept them going. They wish to thank the public who have supported them and they are looking forward to returning to full policing duties and to serving their communities again.

"The complaint against these members was always without foundation. The precedent has long been set by custom and practice, and the role of policing in the community, long established in Ireland which takes the view that the guard on the front line has common sense and the wit to apply it."

She added: "From the moment I was first instructed in these matters I was of this view and advising on those lines and I have not wavered ever since.

"Garda management is just as well aware as we are of this custom and practice established over many generations of community policing. What’s more, Frank Thornton in his role as then President of the GRA took every opportunity to remind them of this, articulating that one division and certain members in particular were being treated unequally and unfairly. At any stage garda management could have listened but seemingly refused to."

Ms Hughes concluded: "We trust that the public inquiry which we believe will now be set up will address these matters and the questions as to how this happened, and the consequences that flowed from it, in the proper and just forum."