Watchdog f ights pair over €7,000
Garda Ombudsman told to pay legal bill of failed case
A COUPLE had ‘the guns trained on them’ by the State after they complained about a car accident with an off-duty garda, the High Court has heard.
Maeve O’Brien, who had been celebrating her wedding anniversary with husband Fintan, was behind the wheel when her car was involved in a collision with a vehicle driven by off-duty garda Mark Kenny.
Mrs O’Brien was alone in the car following a row with her husband, an earlier hearing was told.
Following the 2011 accident, the couple, of Mullingar, Westmeath, were accused of giving ‘false and misleading information’ to the Garda Síochána Ombudsman Commission about the accident.
The case against them was thrown out in 2015 after District Court Judge Kevin Kilraine said he was ‘unimpressed with the evidence’ offered by the State.
He awarded costs of more than €7,000 against GSOC, sparing the couple a legal bill.
The watchdog yesterday asked the High Court to reverse the order. Eileen O’Leary SC, for GSOC, argued that the prosecution was brought by the DPP and not by GSOC.
Johnny Shortt SC, for the O’Briens, said they were prosecuted by the DPP ‘at the suit of GSOC’ so the watchdog should pay.
He said: ‘As a consequence of a road-traffic collision, in which it appears an off-duty garda was involved, a complaint was made to the Garda Ombudsman about how matters had progressed.
‘That’s why the unfortunate Mr and Mrs O’Brien went to the Garda Ombudsman, because of their concerns.
‘All of a sudden, the guns are trained on them. They end up being prosecuted before the District Court in 2015, some four years after they were involved in the initial road traffic collision.’
Judge Miriam O’Regan will rule on the case later.
Row at wedding anniversary