Gardaí took statements after senior officer’s hotel slip, court told
GARDAÍ photographed the scene and took statements from staff after a senior officer slipped and fell in a hotel, the High Court has been told.
The disclosure was made by lawyers for the hotel, which denies liability for personal injuries Chief Superintendent Terry McGinn says she suffered in a fall.
Chief Supt McGinn is suing the Castle Grove Country House Hotel in Letterkenny, Co Donegal, claiming her injuries were caused by negligence. An affidavit filed by a solicitor for hotel operators Raymond and Mary Sweeney stated a file on the matter was held by Garda Headquarters.
The court last week made a discovery order in favour of the Sweeneys, who have been seeking access to the photographs and statements taken.
The affidavit, filed by solicitor Laurence Ennis, does not state who ordered gardaí to attend the scene and to take photographs and statements.
Chief Supt McGinn is a high profile member of the force.
She came to national prominence after being tasked, along with former assistant commissioner Derek Byrne, to investigate complaints made by Garda whistleblower Maurice McCabe over policing matters in Co Cavan.
According to the solicitor’s affidavit, Chief Supt McGinn claims she was injured in a slip and fall at the hotel on November 24, 2009.
She alleges the wooden floor in the hotel restaurant was
slippery or wet and claimed the defendants failed to have a mechanism for identifying slippery floors. The claims are denied by the hotel.
Mr Ennis said he was advised by his clients that after the incident “members of An Garda Síochána attended at the hotel and took photographs of the hotel and took statements from all the staff present”. He said his clients were seeking discovery of this material as they believe it is relevant to their defence.
Mr Ennis said correspondence from the force in April 2014 indicated a file on the matter was retained by an assistant commissioner at Garda Headquarters.
The solicitor said Chief Supt McGinn was asked in November 2016 if she would consent to the force releasing all documentation in its possession, but no response was received.
The documents were also requested from the Garda Commissioner last November, but the solicitor was informed this could not be done without a court order.