Garda Chief Did Not Have Power to Cancel Penalty Points

A former head of the Limerick Garda Division has conceded that a retired superintendent, who is charged with perverting the course of justice by interfering in road traffic prosecutions, did not have the power to cancel penalty points at the time of the alleged offences. Carl Hanahoe SC for the prosecution put it to retired chief supt Gerry Mahon that the power to cancel penalty points was transferred to a central cancelling authority in Thurles on the direction of Garda Headquarters in 2014. Mr Mahon agreed with the prosecution that garda policy at the time meant that a superintendent did not have the power to cancel traffic tickets. He said this may or may not have resulted in a breach of garda disciplinary procedures, but in his opinion, it was not a criminal offence. He was giving evidence at the trial of a retired superintendent and four serving gardaí accused of attempting to pervert the course of justice in respect of quashing road traffic summonses for motorists on dates 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. The jury heard that Mr O'Neill worked under the command of Mr Mahon when gardaí in Limerick were dealing with a murderous gangland feud that resulted in the death of over 20 people. Mr Mahon praised the key role Mr O’Neill played as a detective in the city at that time. He told the jury that Mr O’Neill’s use of discretion on one occasion resulted in a key witness to a subsequent gangland murder providing information exclusively to the then detective which led to the arrest and imprisonment of five members of a criminal gang. "I wish to acknowledge his enormous contribution to the safety of this city and county," Mr Mahon said. "I was on the front line with him. We faced anarchy. It was toe to toe and he did not blink." The retired chief supt told the court that he wrote a 17-page letter to the Garda Commissioner after he learned of the investigation into Mr O’Neill. In the letter, he outlined the skills and conduct of Mr O’Neill, and "his effective record as a member of An Garda Síochána". The court heard Mr Mahon requested a meeting with the Commissioner but was told it would not be appropriate. Under cross examination by the prosecution, Mr Mahon was asked if he thought driving at 142km/h on a motorway was excessive speed. He said it was a significant speed. He agreed with Mr Hanahoe that as speed increases, the risk of a fatal collision rises exponentially. Mr Mahon also agreed that the use of mobile phones while driving is illegal, and that seatbelts save lives. The trial, which is in its eighth week, continues at Limerick Circuit Court before Judge Roderick Maguire.