Judge asks for info over alleged photo taken inside court by garda of a whistleblower

High Court Reporter

A High Court judge has asked people to come forward with information about an allegation that a senior garda shared a photograph taken inside a courtroom of a whistleblower and three people who were accompanying him.

Any audio or visual recording of court proceedings is forbidden under the 'Practice Directions and Rules of the Superior Courts'.

Conor Duff, for Detective Chief Superintendent Brian O'Reilly, told Justice Micheál O'Higgins at the High Court on Wednesday that he was putting the respondents, the Commissioner of An Garda Síochána, on notice of the matter and sought the court’s direction on how to proceed.

Duff said that Supt O'Reilly, who has made protected disclosures regarding the safety of gun holsters used by the force, received the photo from another garda who is allegedly part of a WhatsApp group with Superintendent Liam White.

Duff said the image allegedly originated from an account associated with Supt White, who asked members of the group to identify one of the men seen with Supt O'Reilly.

Duff said that he was not aware if other similar images existed in the group but that he wanted to bring the matter to Justice O’Higgins’ attention.

Duff said the image showed three individuals accompanying Supt O'Reilly in court, and that the account associated with Supt White referenced one of the individuals and stated: “I recognise the face but I don’t know the name.”

Duff said it was clear the image was taken inside a courtroom and said a “confidential” individual told his client that Supt White had taken the photo and inquired as to the identity of the individual.

Justice O'Higgins asked any party with knowledge of what happened to write to the court. He said he would not indicate a formal inquiry but would familiarise himself with the "architecture of prohibitions that exist" before the matter comes before the court again.

Wednesday's hearing related to an appeal brought by Supt O'Reilly, who referenced Supt White in his protected disclosure.

Supt O'Reilly has claimed that he was penalised by, or through, the Garda Commissioner's office after he made his disclosure regarding the holsters but lost his claim at a November sitting of Dublin Circuit Civil Court.

He claimed he had been penalised financially and marginalised within the Force, such that his house was at risk if his now-reduced pay was not restored by Garda management.

The detective has claimed that "unsafe and defective leather holsters", made and supplied by an equine saddlery in Kildare, may have been responsible for the serious accidental self-wounding of a Garda on protection duty at the residence of the Israeli ambassador in Dublin in June, 2020.

Supt O’Reilly told the court that a pistol could be removed from the leather holster even when the retention strap or safety clasp was closed.

He told the court in written evidence that the holsters should have been supplied by an established firearms accessories manufacturer.

Six days after the accidental shooting outside the ambassador’s home, Stephen Silver murdered Gda Colm Horkan with the garda's own gun in Castlerea, Co Roscommon.

Silver, of Foxford, Co Mayo, had grappled with Gda Horkan and took control of the pistol, which had been holstered on his hip. Silver kept firing at Gda Horkan until the gun was empty, causing catastrophic injuries.

Det Ch Supt O’Reilly is appealing the Circuit Court's decision. The appeal was heard at the High Court in Galway on March 19th and in Dublin on March 26th last. Justice O'Higgins at the High Court adjourned the matter to May 19th for further submissions.

Det Ch Supt O’Reilly submitted to the November sitting of the Circuit Court that he and another officer investigating Det Gda Horkan’s death had been informed that Silver told gardaí, while in custody, that he had been able to reach down and pull Det Horkan’s pistol from the holster.

Silver was sentenced in April 2023 to life imprisonment with a minimum time to be served of 40 years for murdering a Garda who was acting in the course of his duties.