A High Court judge has described as "disquieting" the background to the alleged payment of €30,000 made jointly to a Garda superintendent and his wife by a woman who alleged the garda had sought the payment in order to prevent her being prosecuted for alleged theft of €582.
However, Ms Justice Finlay Geoghegan dismissed an application by Margaret McGreal (55), Main Street, Balla, Co Mayo for a declaration that it was the Garda Commissioner's responsibility to obtain the return of the €30,000. The judge decided that no costs should be awarded. After the ruling, Ms McGreal and her husband said their lawyers were actively considering an appeal.
Ms McGreal had alleged that Garda Supt Patrick Doyle, of the Westport division, had sought the €30,000 from her to prevent her being prosecuted for the alleged theft of €582 from a children's clothes shop in Castlebar run by his wife Bernie.
Ms McGreal claimed that, despite paying the €30,000 she received summonses indicating she was being prosecuted. She initiated judicial review proceedings seeking to prohibit her prosecution. The DPP subsequently withdrew that prosecution. Mrs Doyle had previously made a statement withdrawing the claims against Ms McGreal.
Ms Justice Finlay Geoghegan said there was no evidence the money was paid to the commissioner. As a matter of probability, the Doyles received the money. It did not appear there was any basis in law, insofar as Supt Doyle received the €30,000, that he did so as an agent of the commissioner.
Asked about whether any investigation had been conducted into the allegations against Supt Doyle, the Garda Press Office said last night that "an investigation was carried out by Chief Superintendent Ciaran McGann. A file was sent to the DPP who recommended no prosecution."