A retired Garda sergeant told the High Court yesterday he regretted what happened to a garda and a woman who have sued for damages, following their arrest under Section 30 of the Offences Against the State Act 12 years ago.
Mr Gerard O'Shea was giving evidence on the fifth day of the action against Insp Anthony Fennessy and the State by Mr Joe Walshe (61), a retired garda, of Dromin, Nenagh, Co Tipperary and Ms Kay Bedford (58) of Sir Harry's Mall, Limerick. They are claiming damages for alleged false imprisonment and slander arising from their arrest in Limerick on September 27th, 1991.
Mr O'Shea said he knew Mr Walshe from the 1970s and 1980s as a good active officer and a man he would trust. In 1991, he was involved in an investigation to uncover a mole, or moles, within the Garda Síochána. The main focus of that investigation was Garda Denis Kelly, who was subsequently jailed for five years by the Special Criminal Court.
With hindsight, he regretted what had happened to Mr Walshe and Ms Bedford, Mr O'Shea said. He certainly didn't expect it to happen and it should not have have happened.
He said in the weeks leading up to the arrests, the name Kay Bedford surfaced during an investigation to identify a Garda informant who was leaking information to the IRA. Mr Walshe, who was friendly with Ms Bedford, was also mentioned.
He had been instructed by Insp Fennessy to arrest Ms Bedford and he went to her home with three other gardaí. He arrested her on suspicion of being a member of the IRA. His suspicion was based on the fact that her name had previously been mentioned regarding possible IRA activities and because he was instructed to arrest her that day.
He did not believe she had been driven at excess speed to the Bridewell in Dublin. The Garda siren was used on occasion to pass out traffic, he said.
He said Insp Fennessy was not present during the arrest. He did not see anyone in a trench coat standing around giving orders in the house.