Judge considers community service for All-Ireland winning Limerick hurler in perjury case

THREE time All-Ireland winning Limerick hurler Pat Ryan has been directed to carry out voluntary work by a judge.

Mr Ryan, aged 28, from Doon, pleaded guilty to and was convicted of perjury in the district court in March. The “severity” of the two-week jail sentence handed down was appealed by his solicitor John Herbert in the circuit court before Judge Tom O’Donnell this Monday.

State Solicitor Padraig Mawe outlined the facts of the case with the assistance of Sergeant Darren John Swan of the Garda National Bureau of Criminal Investigation.

Mr Mawe said perjury is not an offence they come across regularly.

He said there were a number of key dates, the first being November 14, 2018 when the appellant (Mr Ryan) was allegedly detecting driving over the speed limit in Dooradoyle.

“A fixed charge penalty notice was issued and was posted to the address Mr Ryan gave to the garda. That triggers the issuing of a summons,” asked Mr Mawe. Sgt Swan said “yes”.

“The case was before the district court on October 21, 2020 and Mr Ryan gave evidence under oath he did not receive the fixed charge penalty notice. It was struck out. No conviction recorded,” said Mr Mawe.

The state solicitor put it to Sgt Swan that a separate investigation raised a suspicion an offence may have been committed. Sgt Swan said “yes”.

Mr Mawe said a mobile phone was obtained from “a certain individual” and forensic software analysis was carried out. Sgt Swan confirmed this was the case.

He further confirmed that a mobile number connected with the appellant and an exchange of messages between the parties was seen.

Mr Mawe said a screenshot / photo of the fixed charge penalty notice was sent by Mr Ryan to the third party.

“The date of that message on January 14, 2019 was in advance of the court date on October 21, 2020,” said Mr Mawe.

The state solicitor said Mr Ryan was arrested by appointment on March 10, 2021 at Shannon garda station. The DPP later directed prosecution in court of perjury.

Judge O’Donnell asked to see a copy of the photograph.

Mr Mawe said the photo of the fixed charge penalty notice was sent by Mr Ryan to a third party and was “looking for assistance on how to deal with the matter”.

“He (third party) is not a barrister or a solicitor,” said Mr Mawe.

The state solicitor said Mr Ryan is of good character and would be known as being part of the successful Limerick hurling team.

Mr Herbert, solicitor for Mr Ryan, said the person his client communicated with “would be acquainted with the legal system” and “not below the rank of sergeant in a certain organisation”.

Setting out the circumstances, Mr Herbert said Mr Ryan played hurling for Limerick and was “part of a hurling team we now know as the most successful team in the country”.

“He is an elite athlete. He was living in a bubble. He had 35 /40 teammates, an assortment of management, medical staff, and a cohort of people with assignments within the hurling squad. One of those was the man he communicated with,” said Mr Herbert.

The solicitor said “trust” is the all-consuming bedrock of an elite team.

“Ronan O’Gara spoke about it at the weekend - you must trust the man beside you and that everybody looking after you has your best interests at heart. He was living in a bubble - rightly or wrongly,” said Mr Herbert.

On the court date in October 2020, Mr Herbert said his client did not speak to a solicitor and went to court “with certain beliefs in his head”.

“He gave evidence accordingly. He was also working during lockdown delivering equipment in a van to hospitals in the Mid-West region. He was tested for Covid on a daily basis. He arrived in court, took no advice, sat in the witness box, delivered a falsehood and unfortunately we are here,” said Mr Herbert.

The defence solicitor made an application to Judge O’Donnell on the issue of proportionality.

“He has never been before a court before, he co-operated fully, didn’t seek disclosure and pleaded guilty,”  said Mr Herbert, who said Mr Ryan’s concerns over the possible loss of his licence clouded his judgement.

“The assurances he received turned out to be unfounded,” said Mr Herbert, who spoke of the consequences of the conviction going forward - mortgage, insurance, volunteering which “he is involved in”.

Mr Herbert handed in testimonials from Mr Ryan’s employer and said many came forward to offer testimonials.

The solicitor asked Judge O’Donnell to remove the “custodial element”.

“He is a young man starting out in life. He has committed an offence which is the cornerstone of this system. I understand this. Mr Ryan did not consider this,” said Mr Herbert, who asked Judge O’Donnell if he would consider asking the Probation Service to prepare a report on his client.

Judge O’Donnell said it is the first time in his experience having a perjury charge before him.

“It is a serious matter - it strikes at the heart of the administration of justice,” said Judge O’Donnell.

The judge said the advice Mr Ryan got to take up the bible, take the oath and tell an untruth was “disappointing”.

The mitigating circumstances were Mr Ryan’s plea of guilty, early admission, being fully co-opeative and “he put his hands up from the start”, he said.

Judge O’Donnell referred Mr Ryan to the Probation Service and said he had in mind 100 hours of voluntary work. The judge said he did not expect the full 100 hours to be completed but wanted to see “some accumulation” by the next date.

“I am keeping my options open. He was convicted for perjury. He is a young man. I am not formally making a community service order but I am thinking along those lines,” said Judge O’Donnell, who adjourned the case until July.