O’Sullivan failed to release Garda whistleblower’s profile – lawyer
FORMER Garda commissioner Nóirín O’Sullivan has been accused of breaching a High Court order requiring her to release a suspected surveillance profile to a Garda whistleblower.
Last May, the High Court gave Ms O’Sullivan until July 31 to hand the documentation over to Garda Keith Harrison, whose treatment by senior officers is set to be investigated by the Disclosures Tribunal.
However, in legal correspondence seen by the Irish
Independent it is claimed the order was not complied with.
The discovery order was granted by Mr Justice Kevin Cross as part of a High Court personal injury action in which Gda Harrison is suing the ex-Garda commissioner, the Justice Minister and the State for damages over alleged negligence, bullying and harassment.
Lawyers for Gda Harrison are now expected to seek the striking out of the commissioner’s defence in the case.
The garda claims he was harassed by senior management after arresting a colleague for drink driving in Athlone in 2009. He also alleges that while subsequently stationed in Co Donegal, he was smeared after an unfounded allegation that he had emotionally abused his partner was referred to Tusla by gardaí. Tusla found there was no issue to investigate.
Earlier this year, Gda Harrison became aware a profile of him had been created in 2014, the same year he made a protected disclosure.
However, the document itself was not disclosed to him.
His solicitor Trevor Collins has previously questioned why the document was created and who was behind its authorisation. Mr Collins declined to comment when contacted by the Irish Independent.
In a letter to Justice Minister Charlie Flanagan, seen by this newspaper, the solicitor claimed the creation of the document was “part of a concerted effort by Garda management to persecute” his client.
He also told the minister that “all evidence to date points to a campaign of overt and covert surveillance”.
Ms O’Sullivan has previously said she was unaware of any targeting of Garda whistleblowers.
A query submitted to the Garda press office regarding the apparent failure to comply with the court order was not responded to last night.
Next week, the Disclosures Tribunal will begin public hearings investigating contacts between gardaí and Tusla in relation to Gda Harrison.
The garda alleges his partner Marissa Simms was compelled by other officers to make a statement against him. This resulted in a file being opened by Tusla. It is alleged Ms Simms was told that if she did not make a statement “her kids were in jeopardy” and that a referral was subsequently made to Tusla by a senior garda.