Irish Independent

O’Sullivan failed to release Garda whistleblo­wer’s profile – lawyer

- Shane Phelan and Niall O’Connor

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.

 ??  ?? Garda Keith Harrison
Garda Keith Harrison

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