Courts

Man claims gardaí breached his privacy rights after incident on M50

Driver claims gardaí supplied his name to the other driver minutes after alleged near collision

toll roads

A driver claims he had to brake suddenly to avoid a collision with another vehicle on the M50

Aodhan O'Faolain
Fri Feb 17 2023 - 18:12

A driver who claims he had to brake suddenly to avoid a collision with another vehicle claims gardaí wrongfully supplied the other driver with his name minutes after the alleged incident occurred.

Facilities manager Wesley Byrne has sued both the Garda Commissioner and David Doyle, who is alleged to be the driver of the other car involved in the near collision, for breaching his privacy rights.

The commissioner denies the claims.

Mr Byrne seeks a declaration from the High Court that the defendants breached his data protection rights.

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He also wants compensation and damages from the defendants for the breach of his data protection rights, including aggravated and exemplary damages for negligence and breach of his constitutional rights to privacy.

He further seeks damages for defamation and, if required, an order correcting the garda records of the incident at the centre of the action.

Mr Byrne, of Glenfield Drive, Clondalkin, Dublin, claims that on February 18th, 2021, he was driving southwards on the M50 in his BMW 5 Series car when it was involved in an incident with a silver Ford Focus allegedly driven in an aggressive manner and with excessive speed by Mr Doyle.

Mr Byrne claims that when he was overtaking a large truck, Mr Doyle’s car swerved into the hard shoulder and undertook the truck and the plaintiff’s car.

Mr Byrne claims Mr Doyle’s car then swerved across the road and back into the lane where the plaintiff was driving, in front of Mr Byrne’s car.

He claims that Mr Doyle then applied his brakes with significant force and that Mr Byrne also had to brake suddenly to avoid a catastrophic road traffic incident.

Both cars pulled over on to the hard shoulder.

Mr Byrne claims Mr Doyle got out of his car and started to berate the plaintiff’s driving in an aggressive manner.

Without introducing himself, he claims Mr Doyle started taking pictures of his tax and insurance details.

Mr Byrne said he also got out of his car, but Mr Doyle removed the tax and insurance details from his car, and allegedly told the plaintiff that, “You won’t be f**king getting that buddy, thanks”.

Mr Byrne said a male passenger in Mr Doyle’s car was on the phone.

Mr Byrne said he told Mr Doyle he would be reporting the matter to gardaí.

He claims Mr Doyle, who never identified himself during their interaction, told him he could “call who you like” or that he could “follow him [Mr Doyle] to Cabinteely Garda station” and “see how you get on”.

He said that a few moments after their exchange Mr Doyle entered his vehicle and stated: “Ah, it’s Mr Wesley Byrne, isn’t it? That is you, yeah, I will get you sorted; this will be sorted.”

Mr Byrne said he was shocked, distressed, concerned and appalled that he could be identified by name by Mr Doyle, who he said then drove off. Mr Byrne said he later reported the incident to gardaí.

He believes the information was unlawfully shared by garda members to Mr Doyle.

The plaintiff also believes the passenger in Mr Doyle’s car may have been a garda.

He claims matters were further aggravated when two gardaí attended at his mother’s house later that night who, he claims, made comments to his mother of a very serious nature to the effect that he had caused a motor collision on the M50.

Mr Byrne’s car was registered to that address, and it is alleged that his mother was told that parts of the car were found on the M50. This was distressing as Mr Byrne’s father had been killed in a road traffic incident about 30 years before.

He claims the incident was malicious and based on damaging untruths which damaged his good name and reputation.

The Garda Commissioner denies the claims that Mr Byrne’s rights were breached as alleged.

In the commissioner’s defence, it is stated he is a stranger to the events and does not know the identity of the passenger in Mr Doyle’s car.

The commissioner has admitted that Mr Byrne’s personal information was accessed and processed by An Garda Síochána on the date in question following the receipt of a 999 call.

It was further accepted that Mr Byrne’s identity was disclosed to Mr Doyle, that the matter was investigated and that two officers were dispatched to the registered address of the car to seek Mr Byrne’s relevant documentation.

These actions were not unlawful and it is denied that any information other than Mr Byrne’s identity was disclosed.

Mr Byrne was not harassed, intimidated or defamed by An Garda Síochána, it is also claimed.

The attendance at his mother’s house was lawful and was carried out in the ordinary course of an investigation, it is claimed.

Mr Byrne has previously obtained judgment in the High Court against Mr Doyle, with an address at Pinewood Close, Boghall Road, Bray, Co Wicklow, in the proceedings following that defendant’s failure to contest the action against him.

A preliminary matter in the action matter came before Ms Justice Eileen Roberts, who was asked by the commissioner’s lawyers to remit the matter to the Circuit Court.

The judge noted that the claim had been brought under multiple headings, that judgment has been obtained against Mr Doyle and that there was some public interest in the case.

The commissioner claimed the matter should be remitted on grounds including that Mr Byrne had suffered no significant injury.

Mr Byrne, represented by Matthew Jolley BL, instructed by Murray Flynn Solicitors, opposed the application and said the case should stay before the High Court on grounds including that the case raised matters of public interest.

On Friday Ms Justice Roberts dismissed the commissioner’s application.

Counsel also argued that the action is not a personal injuries claim.

The case will return before the court at a later date.

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