The High Court will decide today whether to grant a declaration that it is the Garda Commissioner's responsibility to obtain the return of €30,000 allegedly obtained by a Co Mayo Garda superintendent to prevent a prosecution of a former employee of the superintendent's wife for alleged theft.
Margaret McGreal (55) Main Street, Balla, Castlebar, Co Mayo has alleged that Garda Supt Patrick Doyle of the Westport division sought the €30,000 payment from her in order to prevent her being prosecuted for alleged theft from a children's clothes shop at Castle Street, Castlebar run by Bernie Doyle, wife of Supt Doyle. Mrs McGreal has denied any theft.
Mrs McGreal claimed that, despite paying the money, she received summonses indicating she was being prosecuted for the theft of €582. She got High Court leave in 2004 to seek orders restraining her prosecution. The DPP later withdrew that prosecution. Mrs Doyle had previously made a statement withdrawing the claims against Mrs McGreal.
Yesterday, Peter Finlay SC, for Mrs McGreal, said the present proceedings were brought against the Garda Commissioner on the grounds that Supt Doyle, one of his officers, had acted vicariously in the course of that officer's duties. He said the monies in question were lodged to the account of the Doyles.
Ms Justice Mary Finlay Geoghegan asked how Mrs McGreal could hold that the Garda Commissioner was liable for the return of the monies. Mr Finlay said that, regardless where the money ended up or to what account it was lodged, it arose out of a request by a senior officer stating that if Mrs McGreal paid €30,000 there would be no prosecution.
Ms Justice Finlay Geoghegan asked if Mrs McGreal would not have to establish that Supt Doyle was in the possession of monies on behalf of the Garda.
Mary Ellen Ring SC, for the Commissioner, said Supt Doyle had not been involved in the investigation into the allegations against Mrs McGreal. Mrs McGreal did not suggest the superintendent had any hand, act or part in the investigation which was taking place in a different Garda district. The superintendent's role was simply as the husband of the injured party. This arrangement arose in circumstances where on two occasion he was approached on behalf of Mrs McGreal.
The Commissioner was not responsible to see that the money was repaid.
Michael McMahon SC asked to be heard on behalf of Det Sgt Justin Clarke. Counsel said serious allegations, which were strenuously denied by Det Sgt Clarke, were made by Mrs McGreal against him.
Not only did Det Sgt Clarke rebut the allegations against him but, Mr McMahon said, the entire events in the Garda station which were complained of were audio-visually recorded. A transcript of that audio was available in court and it would be shown that the allegations against his client were completely untrue.