Garda sergeant sent forward for trial over alleged unlawful sharing of personal data

A Garda sergeant and another man have been sent forward for trial accused of unlawfully sharing personal information from the force’s Pulse computer system.

The charges followed an investigation by gardaí attached to the National Bureau of Criminal Investigation (NBCI).

Sgt Thomas Bowe (51), of Naas Garda station in Co Kildare, and Niall Sheehy (58), of Ballinteskin, Stradbally, Co Laois, appeared before Judge Treasa Kelly at Dublin District Court charged with offences under section 145 of the Data Protection Act for disclosure of personal information obtained without authority in 2019.

Sgt Bowe faces 21 charges while Mr Sheehy faces 10. They were served with books of evidence by Det Sgt Padraic Jennings.

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The judge granted an order to send the accused men for trial to the Dublin Circuit Criminal Court, where the case will be listed on October 19th. They were warned to tell the prosecution if they intended to use alibis in their defence and were remanded on bail with conditions not to contact each other. Mr Sheehy was granted legal aid.

A third co-accused could not come to court on medical grounds and his case was adjourned until October.

The Director of Public Prosecutions (DPP) directed Mr Sheehy’s case could be dealt with in the District Court but only if he pleaded guilty. Defence solicitor Tracy Horan said her client would take a “certain course”.

Judge Kelly held, however, that the case was too serious and should be sent to the Circuit Court, which has wider sentencing powers.

Phone seized

Det Sgt Jennings told the court that in March 2020 the NCBI carried out an investigation into the activities of a member of An Garda Síochána, which led to a search of Mr Sheehy’s home.

Mr Sheehy’s mobile phone was seized and subjected to technical analysis and Det Sgt Jennings said it emerged that a member of An Garda Síochána had forwarded screenshots from the Garda Pulse system to Mr Sheehy on 10 occasions. The screenshots included pictures and personal information.

Det Sgt Jennings said the case against Mr Sheehy was that he had forwarded the data to two others, but there was “no financial reward” for the information.

The offence can result in a fine not exceeding €50,000, imprisonment for up to five years, or both.

The DPP directed that Sgt Bowe, who is yet to indicate a plea, must face trial on indictment.