Garda gave 'unorthodox' reference

A Garda sergeant provided “an unusual and unorthodox” letter in 1990 in support of a person the Garda Special Branch believed had “a potential association with subversives”, the Smithwick Tribunal has been told.

During evidence this morning the tribunal was told former Garda Sgt Leo Colton provided a letter for Brian Ruddy of Newtownbalregan, on the outskirts of Dundalk, Co Louth, which Mr Ruddy used in support of his application to Louth County Council for a motor dealer's trade plate.

A motor dealer’s trade plate is a portable number plate for which a fee has been paid that may be transferred from vehicle to vehicle, allowing those involved in the motor trade to drive vehicles that do not have a current tax disc.

Giving evidence this morning a former Garda public service vehicle inspector Eamonn Hynes said he had been asked by Louth County Council to assess the suitability of Mr Ruddy’s premises for the granting of the trade plate. Mr Hynes said he found the premises to be a “hole in the wall”, and essentially “a shed behind a house” and that he recommended against approval of a trade plate. The application was subsequently rejected.

Mr Hynes told Justin Dillon SC for the tribunal he had been “very surprised” a letter, which Mr Dillon said could be construed as a recommendation, had been signed by then Sgt Leo Colton of Dundalk. The letter read: “This is to confirm that Mr Brian Ruddy of Newtownbalregan, Dundalk, is a garage owner and dealer in cars, heavy and light commercials. Mr Ruddy would require a trade plate to carry on his business at Newtownbalregan Dundalk."

Mr Hynes also said he had asked Garda special branch in Drogheda about Mr Ruddy and agreed with Mr Dillon that he was told Mr Ruddy had a conviction for possession of the agricultural drug "angel dust" and “a potential association with subversives”.

However Eamon Coffey for Mr Colton put it to Mr Hynes that Dundalk had been a depressed place in the late 1980s and early 1990s and many people had taken an interest in buying and selling cars, many of which were imported from the United Kingdom. Mr Coffey said his client had been refused his application, a fact that showed the system had worked. Nobody had interfered or sought to interfere with Mr Hynes's assessment, he told the tribunal.

Mr Coffey then quoted from local government regulations and put it to Mr Hynes that there was no requirement for an inspection of premises, the relevant statutory instrument referring only to the dealer and the trade. After a brief discussion with Mr Dillon about the relevant statutory instrument he said he was instructed by his solicitor he was referring to the correct one. Mr Hynes said the key issue for him was that he was asked by Louth County Council to assess the premises and had done so.

Summing up, Mr Dillon said Mr Colton’s letter could be construed to be a recommendation Mr Ruddy be granted a trade plate and he said this was “an unusual and unorthodox” procedure.