7 days ago
Garda denies 22 counts of perverting course of justice on road traffic offences
When Gardai carried out checks of persons stopped for traffic violations on the Garda "PULSE" computer records system, they were satisfied these individuals had produced their insurance documents, however, in fact, they were not insured, a court heard.
Evidence is continuing in the trial of a Limerick Garda who is accused of "sorting out" potential prosecutions for motorists who were stopped by Gardai and found without their driving licence or motor insurance details/certificates.
Tom Flavin, (51), with an address in west Limerick, has pleaded not guilty to 22 counts of perverting the course of justice, contrary to Common Law.
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 10 days. All the drivers, who were living in or near Rathkeale, nominated their local station.
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.
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.
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".
Ms Murphy 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".
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.
