A man who entered the State’s witness security programme has lost his High Court action alleging the State failed to live up to promises made to him.
David Mooney, a witness in a trial against two men convicted of involvement in organised and subversive crime, sued the Garda Commissioner and State for allegedly failing to abide by an agreement to give him a new identity and money and to relocate him abroad.
Mr Justice Paul Gilligan noted Mr Mooney claimed he was given verbal representations by gardaí when he agreed to give evidence against two IRA men convicted in the Special Criminal Court in November 2003.
Mr Mooney said the two men had demanded protection money on behalf of the IRA or they would destroy a nightclub business he was involved in. Due to security concerns, he entered the Witness Security Programme and claimed he was promised €600,000, a new identity and relocation to a specified country.
While he received two payments, Mr Mooney claimed he never got what was promised and now fears for his safety and security.
He sought various orders including requiring the State to specifically perform the alleged agreement with gardaí. He also sought damages over alleged breach of the State’s contract with him as a result of which, he claimed, he was deprived of his constitutional rights to bodily integrity and work. He also argued he was duped into signing an agreement to exit the programme in 2004.
‘Blew his cover’
Denying the claims, the defendants pleaded Mr Mooney “blew his cover” on several occasions, brought about a situation where no host country could be asked to take him and went to the media and exposed his situation.
The defendants said they entered into a final arrangement with Mr Mooney in 2004 subject to ongoing arrangements for his security and compensated him for his co-operation.
In a judgment with parts redacted for security reasons, the judge said he was not satisfied the defendants promised Mr Mooney he would, after the trial, be going to a specified country with several hundred thousand euro.
Mr Mooney was not induced to enter into any contract by a misrepresentation and no representation made by a garda to Mr Mooney was reckless or false, the judge held. Mr Mooney signed a protocol document in February 2003 admitting him to the programme but found participation difficult, he said.
Mr Mooney was “very outgoing”, represented himself to certain people as being a Garda, told one person he was part of the programme and gave information about his situation to the media. There was a very serious breakdown in the inter-personal relationship between Mr Mooney and certain gardaí, the judge said.
While the threat to Mr Mooney’s life may potentially always be there, the State acknowledged an ongoing obligation to protect him and there was no basis for the claim his right to bodily integrity was infringed, the judge held.
He also rejected claims Mr Mooney was under duress in February 2004 when signing a memo to exit the programme.