22 January 1998 Edition
Garda harassment challenged
A KERRY man who has been subject to an alleged Garda campaign of harassment has been given leave to seek a judicial review to prevent the DPP proceeding with a number of summonses against him.
The case has arisen after Denis Kelly from Ardfert, a former member of the Garda Síochána himself, was served with three summonses alleging that he broke Road Traffic laws.
Kelly told a High Court hearing on Monday, that the Gardaí have subjected him to a concerted campaign of harassment since he was released from Port Laoise prison.
Kelly had been a member of the Gardaí for nine years until 1991, wen he was arrested and charged with having possession of a document contrary to Section 9 of the Official Secrets Act and with passing on information to the IRA.
Though the latter charge was withdrawn, Kelly was held in Port Laoise for four years.
On his release, he successfuly applied for a position as a gym instructor at a local hotel. However, after an approach was made to the hotel owner by Gardaí, the post was no longer open to him.
When he got a part-time job in another hotel, the Gardaí again approached the general manager with a view to having him dismissed. However, in this instance the manager monitored his work for a fortnight after which he was deemed a satisfactory employee and allowed to continue in the position.
Kelly told the court that he is aware that the Special Branch encourage uniformed Gardaí to keep under surveillance and report on the movements of those who they consider to be republican sympathisers and activists.
Now employed as an insurance agent, he claimed that he had been followed and put under surveillance while he was going about his business, which involved a lot travelling.
He said that his elderly parents were also harassed, that he has been stopped and searched in his car on numerous occasions and that his property has been unlawfully seized.
He further alleged that he had been verbally abused and accused of being involved in the killing of Garda Jerry McCabe, which he emphatically denied.
Kelly said that road summonses wrongly accused him of violating Road Traffic laws and that he can prove they are indeed illegal. He accused the Gardaí, having failed to have him sacked, of using the Road Traffic Acts to have him disqualified from driving.
Judge Catherine McGuinness granted Mr Kelly a judicial review, preventing the DPP proceeding with the traffic offence summonses.
The case has arisen after Denis Kelly from Ardfert, a former member of the Garda Síochána himself, was served with three summonses alleging that he broke Road Traffic laws.
Kelly told a High Court hearing on Monday, that the Gardaí have subjected him to a concerted campaign of harassment since he was released from Port Laoise prison.
Kelly had been a member of the Gardaí for nine years until 1991, wen he was arrested and charged with having possession of a document contrary to Section 9 of the Official Secrets Act and with passing on information to the IRA.
Though the latter charge was withdrawn, Kelly was held in Port Laoise for four years.
On his release, he successfuly applied for a position as a gym instructor at a local hotel. However, after an approach was made to the hotel owner by Gardaí, the post was no longer open to him.
When he got a part-time job in another hotel, the Gardaí again approached the general manager with a view to having him dismissed. However, in this instance the manager monitored his work for a fortnight after which he was deemed a satisfactory employee and allowed to continue in the position.
Kelly told the court that he is aware that the Special Branch encourage uniformed Gardaí to keep under surveillance and report on the movements of those who they consider to be republican sympathisers and activists.
Now employed as an insurance agent, he claimed that he had been followed and put under surveillance while he was going about his business, which involved a lot travelling.
He said that his elderly parents were also harassed, that he has been stopped and searched in his car on numerous occasions and that his property has been unlawfully seized.
He further alleged that he had been verbally abused and accused of being involved in the killing of Garda Jerry McCabe, which he emphatically denied.
Kelly said that road summonses wrongly accused him of violating Road Traffic laws and that he can prove they are indeed illegal. He accused the Gardaí, having failed to have him sacked, of using the Road Traffic Acts to have him disqualified from driving.
Judge Catherine McGuinness granted Mr Kelly a judicial review, preventing the DPP proceeding with the traffic offence summonses.