Garda Superintendent Accused of Photographing Whistleblower in Court

Key facts

• A photograph was allegedly taken inside a courtroom.
• The image reportedly shows a whistleblower and three accompanying individuals.
• Allegations suggest a senior garda shared the photo in a WhatsApp group.
• The photo was allegedly used to identify one of the individuals.
• Courtroom photography is forbidden under Superior Courts Rules.
• Detective Superintendent Brian O'Reilly is the whistleblower.
• Superintendent Liam White is accused of taking and sharing the photo.

Courtroom Image Sparks Inquiry

A High Court judge has called for information following an allegation that a senior garda shared a photograph taken inside a courtroom. The image reportedly depicted a whistleblower and three individuals accompanying him. Such recordings are strictly forbidden under the Practice Directions and Rules of the Superior Courts, making the alleged act a significant breach of protocol. The matter came before Mr Justice Micheál O'Higgins on Wednesday, initiated by counsel for Detective Superintendent Brian O'Reilly. Conor Duff informed the court that his client was placing the Commissioner of An Garda Síochána on notice and sought guidance on how to proceed with the sensitive allegation. This development unfolds against the backdrop of an ongoing appeal by Superintendent O'Reilly, who has made protected disclosures concerning the safety of gun holsters used by the police force. The alleged courtroom incident appears to be linked to his previous disclosures, which have already led to legal proceedings.

Allegations of Identification Effort

According to counsel Conor Duff, Detective Superintendent Brian O'Reilly received the photograph from another garda. This individual is reportedly part of a WhatsApp group that includes Superintendent Liam White. Mr Duff stated that the image allegedly originated from an account associated with Superintendent White. Superintendent White is accused of circulating the photograph within this group with the explicit aim of identifying one of the men seen with Superintendent O'Reilly. Mr Duff conveyed that the message accompanying the image read: “I recognise the face but I don’t know the name,” indicating a direct attempt to put a name to a face. While Mr Duff was not aware if other similar images were present in the group, he emphasized the need to bring this specific matter to Mr Justice O’Higgins’ attention. He confirmed that the image clearly showed individuals inside a courtroom, and a "confidential" source indicated that Superintendent White had taken the photo and inquired about the identity of one of the men.

Whistleblower's Protected Disclosures

The hearing on Wednesday was linked to an appeal lodged by Superintendent O'Reilly. He had previously referenced Superintendent White in his protected disclosure. Superintendent O'Reilly claims he was penalised by the Garda Commissioner's office after making his disclosure about the gun holsters. However, his claim of penalisation was dismissed at a Dublin Circuit Civil Court sitting in November. Superintendent O'Reilly had asserted that he faced financial penalties and marginalisation within the Garda force, to the extent that his home was at risk if his reduced pay was not reinstated by management. His disclosures specifically highlighted concerns about "unsafe and defective leather holsters," manufactured and supplied by an equine saddlery in Kildare. He argued these holsters may have contributed to a serious accidental self-wounding incident involving a garda on protection duty at the Israeli ambassador's residence in Dublin in June 2020.

Holster Defect Under Scrutiny

Superintendent O'Reilly detailed to the court the specific nature of the alleged holster defect. He stated that a pistol could be dislodged from the leather holster even when the retention strap or safety clasp was fully closed. This assertion points to a critical flaw in equipment designed for immediate and secure firearm access, raising serious questions about operational safety and the vetting of equipment suppliers. The incident in June 2020, where a garda was injured, serves as the starkest evidence of the potential consequences of such defects. The whistleblower's claims suggest a systemic issue with the equipment provided to the force.

Judicial Response and Next Steps

In response to the allegations, Mr Justice O'Higgins requested that any party with knowledge of the events come forward and communicate with the court in writing. He indicated that he would not initiate a formal inquiry at this stage. Instead, the judge stated his intention to familiarise himself with the "architecture of prohibitions that exist" regarding recordings in courtrooms. This suggests a preliminary review of the existing rules and their enforcement mechanisms before the matter is revisited. The court's next steps will likely involve assessing the veracity of the claims and determining the appropriate course of action, which could range from internal disciplinary measures to further judicial review, depending on the evidence presented.

The bottom line

• A senior garda is accused of taking and sharing a photograph from inside a courtroom.
• The image was allegedly used to identify individuals accompanying whistleblower Detective Superintendent Brian O'Reilly.
• Taking photos or recordings in courtrooms is prohibited by Superior Courts Rules.
• The allegations emerged during an appeal hearing related to Superintendent O'Reilly's protected disclosures about faulty gun holsters.
• Superintendent O'Reilly claims he faced penalisation after raising concerns about the safety of Garda equipment.
• Mr Justice Micheál O'Higgins has requested written submissions from anyone with knowledge of the alleged courtroom incident.