Garda Commissioner apologises to man whose image on station noticeboard appeared online

Jonathan Berry, who ‘is not and has never been a criminal’, settled proceedings for a substantial sum

Jonathan Berry alleged the Garda briefing bulletin suggested he was an alleged active criminal. Photograph: Alan Betson
Jonathan Berry alleged the Garda briefing bulletin suggested he was an alleged active criminal. Photograph: Alan Betson

The Garda Commissioner has apologised in the High Court to a man who sued after an image showing his name, address and photograph pinned on a Garda noticeboard in a Dublin station ended up on social media.

The apology came as Jonathan Berry settled proceedings against the Garda Commissioner for a substantial sum.

An apology read to the High Court said the commissioner wished to make it clear that Mr Berry “is not and never has been a criminal and has no convictions of any kind for any offence”.

Mr Berry, from Ballyfermot, Dublin, launched defamation proceedings against the Garda Commissioner after an image containing his name and photograph on a Garda notice board was circulated on social media in 2019.

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Mr Berry, represented by O Brien & Co Solicitors, claimed that a person believed to be a contractor hired by gardaí was permitted access to a room in Kilmainham Garda Station, which contained briefing bulletins.

It was claimed that one bulletin displayed Mr Berry’s details, including his photograph, name and address.

Mr Berry alleged the Garda briefing bulletin suggested he was an alleged active criminal.

In the High Court on Tuesday, Mr Justice Alexander Owens was told the case has settled.

In the apology read to the court, the Garda Commissioner said the suggestion that Mr Berry was an alleged active criminal “was and is false and is highly defamatory of him”.

The letter said the commissioner wishes to apologise to Mr Berry for the damage the suggestion has done to his reputation and for the upset and distress it has caused.

It also said it has been agreed that Mr Berry will be paid substantial damages as well as his legal costs.

It was alleged in the proceedings that a contractor took a picture of the bulletin board and that the photograph appeared on WhatsApp and online.

Mr Berry claimed the republishing of the photograph by the person who allegedly took it and by others who disseminated the material amounted to a breach of his privacy and is defamatory.

The alleged breach was the subject of several media reports.