Evidence on Suspension Stigma at Garda Trial

A former assistant garda commissioner has been giving evidence about disciplinary processes in the force, at the trial of five people who are accused of perverting the course of justice in Limerick. Fintan Fanning is a defence witness in the case of a retired superintendent and four serving gardaí, who are accused of perverting the course of justice, in respect of quashing road traffic summonses between October 2016 and September 2019. The five accused are: former superintendent Eamon O'Neill; Sergeant Anne-Marie Hassett; Sergeant Michelle Leahy; Garda Tom McGlinchey; and Garda Colm Geary. All five defendants have pleaded not guilty to a total of 39 offences of engaging in conduct tending and intended to pervert the course of justice, contrary to common law, on dates between October 2016 and September 2019. Mr Fanning told Limerick Circuit Criminal Court that there were a range of sanctions that could follow disciplinary procedures. He said the suspension of a member of An Garda Síochána from duty was something that had a stigma attached to it, describing the impact as "horrendous" and "immeasurable". He said such a penalty left a guard's confidence "on the ground", leaving them feeling that "all the steam is gone out of you". Mr Fanning told the court, "you can’t put words on the impact of being suspended" and that, during his career he always exercised judgement and sought advice in relation to any such cases he had to deal with. He told Felix McEnroy SC, for Eamon O’Neill, that the relationship between An Garda Síochána and the community was central to the operation of the force. Under cross examination by Carl Hanahoe SC, for the State, Mr Fanning was asked about changes brought about by the introduction of the Fixed Charge Penalty Notice (FCPN) system in 2014. This centralised the process and meant all such fines were handled by an office in Thurles, removing a degree of local discretion that had previously applied. Asked if being a friend of a superintendent should influence whether someone would be prosecuted, Mr Fanning said he could not speculate in that regard, given the considerations involved. "I can’t put myself in the shoes of a decision-maker," he said. Proceedings have adjourned for the day and will resume in the morning.