Gardaí seek to halt couple’s harrassment complaint

Lawyers for the Garda Commissioner have asked the High Court to dismiss an action by a couple alleging they have been subject to an ongoing campaign of Garda harassment and intimidation.

The claims are denied.

Stephen Costello (43) and his wife, Karen, from Woodstown Gardens, Woodstown, Knocklyon, Co Dublin, obtained an injunction in 2005 restraining any garda entering their home unless they had a warrant or were acting at the request of a member of the household.

Mr Costello, who says he believes gardaí mistakenly believe he is involved in the drugs trade, insists he has never been involved in any illegal activity, the court was told.

In a pre-trial application, lawyers for the Garda Commissioner asked the court to strike out the claims for damages for alleged trespass, intimidation and harassment. The couple opposed the Commissioner’s application and Mr Justice Michael White has reserved his decision.

Earlier, Paul O'Higgins SC, for the commissioner, argued there was inexcusable and inordinate delay over several years by the couple in progressing their claim, part of which was struck out by the Supreme Court in 2010 on the application of the commissioner.

The couple have not explained the delay since then in progressing their case, counsel argued. The commissioner wanted the case heard as soon as possible but the couple had held up proceedings and the matter should be struck out.

The couple, represented by Francis Treanor BL, deny any inexcusable and inordinate delay on their part. After the Supreme Court’s ruling in 2010, Mr Costello had changed his solicitor and the barrister in the case became ill, counsel said.

In an affidavit, Mr Costello said gardaí began their campaign of harassment against him 18 years ago. This caused himself and his wife considerable distress and affected his health and he has been unable to work for two years. He and his wife were not responsible for any delay in prosecuting the case.

He said he was first arrested in 1996 and questioned about stolen guns. The detective who questioned him was John Ryan, with an address at Newtownpark, Blessington, Co Wicklow, who was subsequently discharged from the force and convicted of criminal charges.

Other gardaí who arrested him were Richie Callaghan, Oldbawn, Tallaght, Dublin, who was later convicted and jailed for dangerous driving causing death and Garda Patrick Kelly, Orwell Park View, Templeogue, Dublin, who was jailed for tax evasion.

Mr Costello said after he got married, gardaí were constantly in the vicinity of his then home and often drove into the driveway of his house with the lights of the squad car flashing before driving off. The harassment continued after he and his wife moved to their current home in 2003. He installed CCTV cameras around his property to document the presence of gardaí around his home and, as a result of the alleged harassment, he and his wife obtained a High Court injunction against the Gardai.

Mr Costello said, despite the injunction, he has been subjected to further incidents of harassment from members of the Garda. On one day in 2012, he was stopped by gardaí who insisted on searching his car without giving him reasons why.

After he refused, he was arrested and strip searched at Sundrive Road Garda station, he said. After his release, he was stopped again by gardaí. He says he has been routinely stopped, searched and strip-searched for drugs on other occasions.

Earlier this year, he found two gardaí at the back wall of his house in the early hours of the morning, he also said.