A Co Louth garda inspector who faced a charge of stealing items from a Co Monaghan supermarket valued at €44.65 last March, was cleared of the alleged larceny offence at a special sitting of the District Court in Monaghan town yesterday.
Judge Seán McBride said the accused, Michael G O'Brien (52), Shore Road, Dundalk, Co Louth, whom he described as "a garda officer with a distinguished record for bravery" should never have been charged, or brought before any court sitting. The judge also requested that the Garda Commissioner should fully reinstate the garda officer, and ensure that he is "fully and appropriately recompensed for all losses incurred as a result of the prosecution".
Judge McBride sharply criticised the DPP for bringing the case, in view of the particular circumstances, but exonerated any blame whatsoever from the prosecution's legal team, the gardaí, and the State Solicitor Barry Healy. The prosecution had alleged the theft involved a Gillette turbo razor, Gillette cartridges, shaving foam, a Parker pen, and a Reflex gel pen at Fleming's SuperValu store at Church Square in Monaghan town on March 7th last.
Judge McBride severely criticised the evidence presented to the court by Michael Gallagher, a senior security staff official at the store, which he described as "most selective".
The judge said that a medical condition of the accused, from which it was clear that he was on medication and disorientated at the time of the alleged offence, was ignored by the shop's security officer, whom he said had also "selectively edited" video footage to support the prosecution case.
Judge McBride said he would also go further and suggest the State might review the evidence given on oath by the security officer involved in the prosecution, with a view to possible further action. The court was told by the prosecution counsel, Séamus Clarke, that certain video footage from the store was not available.
The senior security officer at the store, Mr Gallagher, said he had logged details of the incident at the time, but the log-book was not produced to the gardaí or available in the court.
Mr Gallagher said: "I seen what I had seen. That was part of the job. That was it."
Following an adjournment, a nolle prosequi was entered by the State. Judge McBride said he had absolutely no hesitation in declaring there was not the slightest scintilla of doubt about the accused's innocence and he wanted it made clear the garda inspector was leaving the court with no stain whatsoever on his honour. He added: "This case should never have been prosecuted."
The judge granted the defence counsel's application to award all costs in the case against the DPP.