Garda and Courts Service dispute over media exclusion from sitting deepens

A dispute between An Garda Síochána and the Courts Service surrounding the exclusion of media from a court sitting in Waterford this month has deepened, as gardaí have rejected the Courts Service's version of events.

The case involved Mr Kieran Hartley who appeared before Judge Brian O'Shea at Dungarvan District Court on October 13th charged with committing a public behaviour offence against the family member of a local Garda.

Two journalists were barred from entering the court for over three hours by two gardaí, with one Garda telling reporters they had been “directed by the court to not allow anyone into it”.

Despite the Courts Service last week insisting that neither Judge O’Shea, nor any member of his staff had barred the journalists from the hearing, the Garda Press Office insisted on Thursday that the Garda’s version of events is correct.

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“An Garda Síochána is satisfied that the District Court Judge had made an order that a voir dire in this case was to be heard on the 13th October 2021 at 10.00am and that only persons involved in the court case should be in attendance.

“Once the voir dire was finalised the courtroom was opened up to all,” said a spokesperson, adding “any person who believes that they have been subject to inappropriate conduct by a member of An Garda Síochána” could complain to the Garda Ombudsman.

Faced with the latest Garda declaration about the ban, and its repeated insistence that officers had acted under instruction from the court, The Irish Times contacted the Courts Service, asking whether it would be standing by its original statement.

In reply, a spokesman said: “The Courts Service can expressly state that it has listened to the digital audio recording of the proceedings and the judge did not give any direction to exclude the public.”

Growing annoyance

The decision to bar the journalists was raised with senior Garda management by the Courts Service last week, illustrating the growing depth of annoyance within the service about the matter.

The hearing dealt with an earlier order by Judge Brian O'Shea, who had requested that investigating Garda Tom Daly attend the special sitting in Dungarvan with his notebook, and that he be joined by Tramore District Superintendent Paul O'Driscoll.

It is understood that Garda testaments in the case, which had been challenged by Mr Hartley, will stand as presented when the case is heard on November

The National Union of Journalists has now joined calls made by Fianna Fail's Jim O'Callaghan and Sinn Féin's Martin Kenny for an explanation from Garda senior management.

The NUJ noted with concerns “the imposition of restrictions on access to a public court”, adding that it welcomed the Courts Service’s clarification that no exclusion had been ordered by the judge, or court staff.

Demanding an explanation, Fianna Fáil’s Jim O’Callaghan told the Irish Times that the Courts Service had “again clearly stated” that no order was given, yet gardaí continue to insist otherwise.

“The journalists who were excluded from the court should now be given the digital audio recording so that they can report on what occurred at the District Court hearing”, Mr O’Callaghan declared.