A Garda superintendent threatened that failure to pay €30,000 to prevent a Co Mayo woman being prosecuted for alleged theft from his wife's shop would result in him "hanging" the woman in court, it was claimed at the High Court yesterday. The money was paid, the court was told.
Supt Patrick Doyle, then stationed in Wesport and whose wife, Ms Bernie Doyle, owns the Beez Neez children's clothes shop at Castle Street, Castlebar, had sought the €30,000 during a conversation with Mr Daniel Coleman, solicitor for Ms Margaret McGreal, it was alleged.
However, despite the €30,000 being allegedly paid over and Ms Bernie Doyle signing a statement of retraction of her complaint, Ms McGreal says she has since received summonses indicating she is being prosecuted for the theft of €582.90. She is denying the charge.
Mr Coleman has also alleged there was a later attempt, in letters from Mr Thomas J. Walsh, a solicitor, of Main Street, Castlebar, to conceal the participation of Supt Doyle in the matter.
While he had advised Mr and Ms McGreal not to pay the money allegedly sought, Mr Coleman said he felt their free will was removed because of threats and demands unlawfully made. He said the fact of Ms McGreal's arrest on suspicion of larceny was widely circulated within Mayo by gardaí and he had no doubt threats made against her would come to fruition.
Mr Michael McGreal, a businessman and husband of Ms McGreal, said that at no time prior to the demand for €30,000 being made was a sum of money offered or suggested by either himself or Mr Coleman on behalf of Ms McGreal.
Mr Justice O'Neill yesterday granted leave to Ms McGreal, Main Street, Balla, Castlebar, Co Mayo, for leave to seek, in judicial review proceedings against the DPP, orders restraining her prosecution.
On the application of Ms Gráinne McMorrow SC, with Mr Alan Toal, for Ms McGreal, he also granted a stay preventing the DPP from taking any further steps in the prosecution of Ms McGreal pending the outcome of her High Court action.
An application for an order directing release of records of a series of phone calls allegedly made by Supt Doyle and by a solicitor, Mr Thomas J. Walsh, to the office of Mr Coleman, solicitor for Ms McGreal, was premature, the judge said.
In an affidavit, Mr Michael McGreal said his wife was arrested on October 25th, 2002 on suspicion of having stolen goods/money from the Beez Neez shop, where she was then working.
He went to Castlebar Garda Station but was not permitted to visit her on the basis it was thought he might hinder the investigation. He contacted Mr Coleman.
In another affidavit, Mr Coleman said that, when he arrived at the Garda station, he heard Det Sgt Justin Clarke screaming at Ms McGreal to "sign the fucking statement". He had protested and was allowed to see his client who was later released. Her husband had asked Mr Coleman to establish the basis of the case against her.
Mr Coleman said he contacted Supt Doyle who had said he didn't wish to meet with the McGreals as, in the superintendent's estimation, a large amount of money had been stolen. Supt Doyle had also said a stock take was being conducted.
Mr Coleman said he asked to be advised about the stock take and matters rested until April 2003 when he went to Supt Doyle's office in Westport. They had a conversation in which the superintendent said the shop was the subject of ongoing rows with his wife compounded, he said, by having to repeatedly bail the shop out of trouble. Supt Doyle had said the figure arrived at by their accountant was €30,000 which amount was to be paid to him and his wife.
The accountant who arrived at that figure was a brother of Ms Bernie Doyle and Supt Doyle had made clear there was to be no equivocation about the amount, Mr Coleman added. He was told the investigation file had not yet been forwarded to the authorities and was advised that, if it was to be stopped, payment would have to be expeditious.
It was made clear, Mr Coleman said, that failure to comply with the demand for payment "would result, in Supt Doyle's words to me 'hanging' the applicant in court". He had left the meeting in a state of shock. While he had asked for some objective analysis as to how the €30,000 figure was arrived at, all such attempts were flatly rejected.
