Gardaí fear the lives of informers and gardaí could be in danger if they hand over information about a warrant linked to an attack on a former Quinn Group plant, the High Court has heard.
The information relates to grounds for a warrant under which a Co Dublin business premises was searched as part of a continuing investigation into the serious fire attack on the former Quinn plant.
A yard owned by Francis McGuinness used to store haulage vehicles was searched on August 23rd, 2014, arising from an incident in which a Jeep Cherokee vehicle, from which the roof had been cut off and which was filled with bull bars and tyres, was set on fire and driven into the lobby of the Quinn packaging plant at Ballyconnell, Co Cavan, on March 13th, 2014, the court was told.
More than 30 employees were present at the plant at the time and some €600,000 damage was caused, a Garda Detective Inspector said in an affidavit.
The incident is among six incidents, dating from August 2011 to March 2014, being investigated involving criminal damage, costing an estimated €3 million, to property owned by or connected to the Aventas group, formerly the Quinn Group, of companies.
The incidents include damage to the Co Meath residence of Aventas chief executive Paul O’Brien, caused when a vehicle was set alight in his driveway on August 8th, 2011.
Similar attacks on properties connected with the Aventas or Quinn Group in Northern Ireland are subject to a joint investigation involving gardaí and the PSNI, and both forces are working with police forces around Europe in gathering evidence to identify the persons responsible, he added.
In a ruling on Friday, Mr Justice David Keane directed the court be given the sworn information for consideration before deciding whether it should be provided to Mr McGuinness for his civil action for damages against the Garda Commissioner and State over the search during which certain items were seized.
He is suing on grounds including alleged negligence, trespass and breach of his constitutional rights.
Informants’ privilege
Gardaí say the information attracts either protection of informants’ privilege, or public interest privilege associated with the investigation of crime, or both.
Mr Justice Keane noted, based on Garda evidence, a District Court judge found there were reasonable grounds for suspecting evidence of, or relating to, the commission of an arrestable offence was to be found at Hillcrest, Cloghran, Co Dublin.
Mr McGuinness gave his address as Pinnock Hill, Swords, while his solicitor described it as Pinnock Hill, Cloghran, he noted.
He said the warrant described the said evidence as any evidence relating to “motor vehicle 98 D 55178, including the cut off section of the roof”.
The Detective Inspector had said he believed that vehicle was used in the attack on the Ballyconnell plant of March 13th, 2014, and believed the vehicle is connected with Mr McGuinness.
Mr McGuinness’s case was that a citizen is entitled to see any information sworn by a garda concerning them and proffered in open court, subject to such claims of confidentiality or security gardaí may choose to assert. Mr McGuinness contended the information was flawed.
The Detective Inspector had said gardaí had relied on the evidence and information of a number of confidential informants whose lives “would be at risk if their identity was made known”.
The investigation was “at a particularly sensitive stage”, the information was incomplete and he was concerned that, were it to become known, it could put the lives of gardaí and informers at risk and possibly jeopardise the full extent of the operation.
A mere assertion that documents contain information given in confidence to gardaí is not itself enough to establish informer privilege, the judge said.
The court would inspect the material before deciding whether it should be disclosed, he ruled.
