Garda denies 22 counts of perverting course of justice over road traffic offences
Evidence is continuing in the trial of a Limerick Garda who is accused of 'sorting out' potential prosecutions for motorists who were stopped by gardaí and found without their driving license or motor insurance details/certificates.
Advertisement
Tom Flavin, (51), with an address in west County Limerick, has pleaded not guilty to 22 counts of perverting the course of justice.
Mr Flavin's trial is being heard before judge Colin Daly and a jury of eight men and four women at Limerick Circuit Criminal Court.
Several Garda prosecution witnesses called by the prosecution gave evidence of stopping vehicles in various parts of the country and requesting the motorist to produce their driving licence and insurance details.
When the driver was not able to do this at the side of the road, they were given the opportunity to nominate a Garda station where they would produce their documents within ten days. All the drivers, who were living in or near Rathkeale, nominated their local station.
Advertisement
The Garda witnesses said that, later, where they checked PULSE, they believed documents had been produced. However, the court heard that some of the motorists were not insured, and they subsequently pleaded guilty and were convicted of driving without insurance.
One of the Garda witnesses said they had checked with an insurance company about one of the motorists, and were informed the company did not have a policy for the driver.
The Garda witnesses agreed under cross examination by Mr Flavin's barrister, senior counsel Mark Nicholas with barrister Amy Nix, instructed by solicitor Dan O'Gorman, that, while they had satisfied themselves, from checking the PULSE system that documents had been produced, they did not actually know what had been produced at the garda station, nor did they know who had received the documents.
Sergeant Martin Egan, Policy Enforcement Unit of Road Traffic Legislation, An Garda Siochana, told the court that Gardai, who receive motorists documents following a traffic stop, are expected to enter the insurance and licence details into PULSE via the computer records 'DLIP' Driving licence Insurance Production feature.
Advertisement
Sergeant Egan agreed with senior prosecution counsel Fiona Murphy that the PULSE system 'automatically' notes or records the identity of a Garda who enters information into PULSE.
In her opening address to the jury last Tuesday, Ms Murphy, with Maddie Grant BL, instructed by solicitor Lisa O'Reilly, office of the Director of Public Prosecutions, said allegations of wrongdoing surfaced against Mr Flavin when he was serving out of Rathkeale Garda Station, in respect of a number of traffic stops on roads around the country, on dates between November 2016 and September 2018.
'Information came to light concerning a Garda allegedly engaged in sorting out driving insurance detections for individuals - that Garda was Tom Flavin,' Ms Murphy alleged.
Mr Flavin is charged that, on the above dates, he did an act, namely to enter or cause to be entered, certain information on the Garda PULSE system, which had a tendency or was intended to pervert the course of justice in respect of the prosecution of named persons for the offence of driving without insurance.
Advertisement
Ms Murphy said the prosecution's case was that Tom Flavin allegedly entered details into PULSE relating to persons motor insurance certificates 'which suggested they were in order, when they weren't'.
Ms Murphy said the jury would hear allegations that 'alterations' were made to the information being input into the PULSE system, and that the prosecution would show that 'Tom Flavin made these entries'.
He told the jury that when a garda is logged into the PULSE system they automatically leave a 'digital footprint'. She said the prosecution would produce 'CCTV and phone evidence which would corroborate' these allegations.
Ms Murphy told the jury that Mr Flavin was entitled to the presumption of innocence unless the jury otherwise found that the allegations against him were proved 'beyond a reasonable doubt'.
Advertisement
Ireland
Donegal farmer who broke man's eye socket avoids j...
Read More
The prosecution barrister said the 'burden of proof' lies with the prosecution, and that Mr Flavin does not have to prove anything.
She said the jury were 'not entitled to speculate' in the case, and they must only consider evidence heard in court when reaching a verdict.
Judge Colin Daly issued a warning to the jury members 'not to conduct your own investigations' into anyone involved in the trial; to avoid media coverage of the trial; and not to discuss the case with anyone outside of the jury.
The trial is continuing at Limerick Circuit Criminal Court.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
2 hours ago
- The Independent
‘They are turning him into a hero': Kneecap solidarity gig held in Dublin
Hundreds of people have attended a music session in Dublin city in solidarity with Kneecap rapper Liam Og O hAnnaidh after he appeared in court on Wednesday. Kneecap flags and logos hung from the windows in Connolly Books, which dubs itself Ireland's oldest radical bookshop, in solidarity with O hAnnaidh, Kneecap, and the people of Palestine. Pro-Palestine supporters criticised the decision by British authorities to bring a charge against the performer instead of focusing on the Israeli government's actions against the Palestinian people. O hAnnaidh, 27, who performs under the stage name Mo Chara, is accused of displaying a flag in support of Hezbollah at a gig in November last year. Hundreds of Kneecap supporters greeted O hAnnaidh as he arrived at Westminster Magistrates' Court in London on Wednesday morning, alongside fellow Kneecap rappers Naoise O Caireallain and JJ O Dochartaigh. During the hearing, his defence team argued the case should be thrown out, citing a technical error in the way the charge against him was brought. The case has been adjourned until September 26, when the judge will rule on whether he has the jurisdiction to try the case. At the protest session at Connolly Books on Wednesday afternoon, several artists played Irish traditional music in solidarity with the rappers and Palestine. Musician Ru O'Shea, who performed at the demonstration, said charging O hAnnaidh had turned him into 'a hero'. 'I think it's been a huge misstep by the powers that be to go after him in the first place,' he told the PA news agency. 'I reckon that they don't have a thing on him, and I think they are turning him into a hero, and I think we need a hero. 'What's happening in Palestine right now, it's gotten to such an extreme that it's waking a lot of people up, including the British who might not have ever seen it otherwise and stayed in that bubble forever.' O'Shea's friend John Feehan said: 'I think people are maybe starting to look up a little bit in Britain, and I think things like what's happening with Kneecap is a catalyst for people to be like 'Oh, wait a minute, what's actually happening here?'. So I hope there's momentum, but I really don't know.' Dubliner Aoife Powell, 19, said she came out to protest because she is 'angry' at the decision to charge an artist rather than focus on what is happening to the people of Gaza. 'I'm here because it just worries me that the fact that governments are focused on artists expressing themselves rather than the actual problem, which is obviously the genocide in Gaza,' she told PA. 'It's a little bit disheartening to see there's so much pressure being put on these artists to stop saying what they truly think and to stop standing on the right side of history. 'I feel like it's a distraction from what's actually happening. 'When a government tries to silence people, they should learn that they can never silence people. I feel like the public would get more angry at that.' Sean O'Grady is from Coleraine in Northern Ireland but has lived in Dublin for almost 70 years. 'I'm delighted with them (Kneecap), that they've done what they're doing, and they're getting plenty of publicity. 'The British government are crazy, I mean, what are they at? 'They're supplying a lot of the bombs, and a lot of the arms and ammunition to Israel to do what they're doing. So they should be ashamed of themselves instead of bringing in these people (to court) for stupid reasons. 'It's getting good publicity over there for the cause of the Palestinians.' Dubliner Dermot Nolan said he attended his first Palestine protest in 1967, and while he remembers horrific events such as the Vietnam War, the scale of death and injuries in Gaza is the worst he has ever lived through. 'I'm here because it's important to for two reasons – first of all, to show our intolerance of the genocide and slaughter that's being carried out by the US, Nato and Israel. 'The second reason is the question of civil rights. We're protesting about the indictment of a member of the Irish group Kneecap. 'It is a sign of creeping authoritarianism which is happening in all the western countries and most clearly in Britain.'
BreakingNews.ie
2 hours ago
- BreakingNews.ie
‘They are turning him into a hero': Kneecap solidarity gig held in Dublin
Hundreds of people have attended a music session in Dublin city in solidarity with Kneecap rapper Liam Óg Ó hAnnaidh after he appeared in court on Wednesday. Kneecap flags and logos hung from the windows in Connolly Books, which dubs itself Ireland's oldest radical bookshop, in solidarity with Ó hAnnaidh, Kneecap, and the people of Palestine. Advertisement Pro-Palestine supporters criticised the decision by British authorities to bring a charge against the performer instead of focusing on the Israeli government's actions against the Palestinian people. Ó hAnnaidh (27), who performs under the stage name Mo Chara, is accused of displaying a flag in support of Hezbollah at a gig in November last year. Hundreds of Kneecap supporters greeted Ó hAnnaidh as he arrived at Westminster Magistrates' Court in London on Wednesday morning, alongside fellow Kneecap rappers Naoise Ó Caireallain and JJ Ó Dochartaigh. During the hearing, his defence team argued the case should be thrown out, citing a technical error in the way the charge against him was brought. Advertisement The case has been adjourned until September 26th, when the judge will rule on whether he has the jurisdiction to try the case. At the protest session at Connolly Books on Wednesday afternoon, several artists played Irish traditional music in solidarity with the rappers and Palestine. Musician Ru O'Shea, who performed at the demonstration, said charging O hAnnaidh had turned him into 'a hero'. 'I think it's been a huge misstep by the powers that be to go after him in the first place,' he told the PA news agency. Advertisement 'I reckon that they don't have a thing on him, and I think they are turning him into a hero, and I think we need a hero. Ispini na hEireann play at Connolly Books in Dublin's Temple Bar area (Niall Carson/PA) 'What's happening in Palestine right now, it's gotten to such an extreme that it's waking a lot of people up, including the British who might not have ever seen it otherwise and stayed in that bubble forever.' O'Shea's friend John Feehan said: 'I think people are maybe starting to look up a little bit in Britain, and I think things like what's happening with Kneecap is a catalyst for people to be like 'Oh, wait a minute, what's actually happening here?'. So I hope there's momentum, but I really don't know.' Dubliner Aoife Powell (19) said she came out to protest because she is 'angry' at the decision to charge an artist rather than focus on what is happening to the people of Gaza. Advertisement 'I'm here because it just worries me that the fact that governments are focused on artists expressing themselves rather than the actual problem, which is obviously the genocide in Gaza,' she told PA. 'It's a little bit disheartening to see there's so much pressure being put on these artists to stop saying what they truly think and to stop standing on the right side of history. 'I feel like it's a distraction from what's actually happening. 'When a government tries to silence people, they should learn that they can never silence people. I feel like the public would get more angry at that.' Advertisement Sean O'Grady is from Coleraine in Co Derry but has lived in Dublin for almost 70 years. Kneecap's Liam Og O hAnnaidh, speaks to supporters as he leaves Westminster Magistrates' Court in London (Lucy North/PA) 'I'm delighted with them [Kneecap], that they've done what they're doing, and they're getting plenty of publicity. 'The British government are crazy, I mean, what are they at? 'They're supplying a lot of the bombs, and a lot of the arms and ammunition to Israel to do what they're doing. So they should be ashamed of themselves instead of bringing in these people [to court] for stupid reasons. 'It's getting good publicity over there for the cause of the Palestinians.' Dubliner Dermot Nolan said he attended his first Palestine protest in 1967, and while he remembers horrific events such as the Vietnam War, the scale of death and injuries in Gaza is the worst he has ever lived through. 'I'm here because it's important to for two reasons – first of all, to show our intolerance of the genocide and slaughter that's being carried out by the US, Nato and Israel. 'The second reason is the question of civil rights. We're protesting about the indictment of a member of the Irish group Kneecap. 'It is a sign of creeping authoritarianism which is happening in all the western countries and most clearly in Britain.'
The Independent
2 hours ago
- The Independent
Hundreds attend solidarity gig in Dublin for Kneecap rapper
Hundreds of people have attended a music session in Dublin city in solidarity with Kneecap rapper Liam Og O hAnnaidh after he appeared in court on Wednesday. Kneecap flags and logos hung from the windows in Connolly Books, which dubs itself Ireland's oldest radical bookshop, in solidarity with O hAnnaidh, Kneecap, and the people of Palestine. Pro-Palestine supporters criticised the decision by British authorities to bring a charge against the performer instead of focusing on the Israeli government's actions against the Palestinian people. O hAnnaidh, 27, who performs under the stage name Mo Chara, is accused of displaying a flag in support of Hezbollah at a gig in November last year. Hundreds of Kneecap supporters greeted O hAnnaidh as he arrived at Westminster Magistrates' Court in London on Wednesday morning, alongside fellow Kneecap rappers Naoise O Caireallain and JJ O Dochartaigh. During the hearing, his defence team argued the case should be thrown out, citing a technical error in the way the charge against him was brought. The case has been adjourned until September 26, when the judge will rule on whether he has the jurisdiction to try the case. At the protest session at Connolly Books on Wednesday afternoon, several artists played Irish traditional music in solidarity with Kneecap. Dubliner Aoife Powell, 19, said she came out to protest because she is 'angry' at the decision to charge an artist rather than focus on what is happening to the people of Gaza. 'I'm here because it just worries me that the fact that governments are focused on artists expressing themselves rather than the actual problem, which is obviously the genocide in Gaza,' she told the PA news agency. 'It's a little bit disheartening to see there's so much pressure being put on these artists to stop saying what they truly think and to stop standing on the right side of history. 'I feel like it's a distraction from what's actually happening. 'When a government tries to silence people, they should learn that they can never silence people. I feel like the public would get more angry at that.' Sean O'Grady is from Coleraine in Northern Ireland but has lived in Dublin for almost 70 years. 'I'm delighted with them (Kneecap), that they've done what they're doing, and they're getting plenty of publicity. 'The British government are crazy, I mean, what are they at? 'They're supplying a lot of the bombs, and a lot of the arms and ammunition to Israel to do what they're doing. So they should be ashamed of themselves instead of bringing in these people (to court) for stupid reasons. 'It's getting good publicity over there for the cause of the Palestinians.' Dubliner Dermot Nolan said he attended his first Palestine protest in 1967, and while he remembers horrific events such as the Vietnam War, the scale of death and injuries in Gaza is the worst he has ever lived through. 'I'm here because it's important to for two reasons – first of all, to show our intolerance of the genocide and slaughter that's being carried out by the US, Nato and Israel. 'The second reason is the question of civil rights. We're protesting about the indictment of a member of the Irish group Kneecap. 'It is a sign of creeping authoritarianism which is happening in all the western countries and most clearly in Britain.'
