RTÉ broadcast a documentary about Garda whistleblowers despite multiple warnings from the Director of Public Prosecutions (DPP) and gardaí that it could collapse a criminal firearms trial, the Irish Mail on Sunday has learned.
uncertain
Mail → broadcast → Sunday
The programme, RTÉ Investigates: The Gardaí – Full Disclosure, was aired on Wednesday, September 16 and featured an interview with a Garda whistleblower whose trial – which has been adjourned no fewer than 28 times – is due to begin November 23.
asserted
which → air → whistleblower
But two days later, the documentary was removed from the RTÉ Player and the station’s platforms.
asserted
documentary → remove → Player
There are now significant fears the decision to proceed with the interview with the Garda whistleblower – whose serious allegations relating to defective gun holsters were first published in this newspaper three years ago – could collapse the trial.
uncertain
allegations → be → trial
A source with knowledge of the DPP’s correspondence said the State prosecutor wrote to RTÉ on Friday, September 11, alerting the broadcaster to its responsibilities to ensure a fair trial in the proceedings relating to the case.
asserted
prosecutor → say → case
The DPP then sent a second letter to the national broadcaster before broadcast, after receiving an independent assessment from a senior counsel.
asserted
DPP → send → counsel
Garda management also contacted RTÉ after they became aware of their intention to broadcast elements of the whistleblower’s case in early September, and warned the station of the potential impact this could have on the trial.
uncertain
this → contact → trial
Deirdre McCarthy is MD of News & Current Affairs at RTÉ
Gardaí informed the Office of the DPP, prompting the DPP’s contact with RTÉ.
asserted
Gardaí → inform → RTÉ
A source told the MoS the correspondence from the DPP was ‘short and to the point’.
asserted
correspondence → tell → point
The first DPP communication is understood to have said they had been made aware – by An Garda Síochána – of a programme that will reference an upcoming trial and reiterated to RTÉ their responsibility to maintain a fair trial.
asserted
that → understand → trial
Causing the collapse of a criminal trial could cause serious damage to RTÉ.
uncertain
Causing → cause → RTÉ
Commenting on the transmission, a source with knowledge of the prosecution said: ‘If the court case comes down, the ramifications for RTÉ are far worse than the Mission to Prey scandal.’
asserted
ramifications → comment → scandal
In 2011, RTÉ’s Prime Time Investigates was disbanded after it emerged allegations about a priest, Father Kevin Reynolds, were completely false.
asserted
allegations → disband → priest
A number of senior RTÉ personnel subsequently left the station.
asserted
number → leave → station
In the documentary later removed from the RTÉ Player, the whistleblower discussed the circumstances of his arrest and other evidence that could potentially feature at his trial.
uncertain
that → remove → trial
It is now for a judge, who will try to convene a jury for the November trial, to decide on the next steps.
asserted
who → try → steps
It's not known whether RTÉ director general Kevin Bakhurst saw the programme before the final call was made to air it
The judge may decide it is not possible to source a jury that has not been influenced by the documentary or the publicity emanating from it, which was discussed in the Oireachtas and covered in other media.
uncertain
which → know → media
The MoS first published details of protected disclosures that were made by the whistleblower three years ago, but our coverage did not identify the man.
asserted
coverage → publish → man
Political figures at the highest levels of Government this weekend said they are ‘deeply concerned’ about the potential trial collapse.
asserted
they → say → collapse
Ministers said the collapse of a trial would be ‘extremely damaging to RTÉ’s reputation’.
asserted
collapse → say → reputation
One Cabinet source said they feared the controversy could hurt financially insolvent RTÉ’s chances of getting further State bailouts.
uncertain
controversy → say → bailouts
RTÉ Director-General Kevin Bakhurst recently asked for an extension of the €1billion bailout for the State broadcaster.
asserted
Bakhurst → ask → broadcaster
RTÉ has cited its current affairs and investigative journalism as a reason that it should receive further State bailouts.
asserted
it → cite → bailouts
In October 2023, the MoS published a front-page story detailing a protected disclosure made by a Garda whistleblower at the centre of the RTÉ legal controversy.
asserted
MoS → publish → controversy
The whistleblower revealed that warnings of the dangers of non-regulation leather gun holsters had been made before the death of Det Garda Colm Horkan.
asserted
warnings → reveal → Horkan
He had warned his superiors in 2019 that the holsters could cause automatic pistols to go off accidentally or make it easier for assailants to obtain a garda’s firearm.
uncertain
assailants → warn → firearm
Less than a year later, a garda received life-changing injuries when his firearm accidentally discharged.
asserted
firearm → receive → injuries
Within a week of that incident, Detective Garda Colm Horkan was shot dead after convicted murderer Stephen Silver managed to take his Sig Sauer weapon from holster.
asserted
Silver → shoot → holster
At the start of this month, the RTÉ Investigates programme submitted 90 queries to the Garda Press Office.
asserted
programme → submit → Office
They took almost a week to respond, citing volume.
asserted
They → take → volume
After receiving notice from RTÉ that the programme intended to broadcast details of the whistleblower’s trial – in the documentary he was filmed speaking about his arrest and other matters – Gardaí contacted the DPP.
asserted
Gardaí → receive → DPP
Over a week before the airing of the documentary, Gardaí wrote to RTÉ, responding to questions but also notifying the programme makers of their concerns about the whistleblower’s trial.
asserted
Gardaí → write → trial
The Gardaí expressed ‘serious and substantial concerns’ with one potential segment of the programme referring to the whistleblower’s case.
asserted
segment → express → case
They also told RTÉ that they had informed the DPP.
asserted
they → tell → DPP
In its reply to RTÉ a week before the documentary was aired, the Garda Press Office said: ‘An Garda Síochána has serious and substantial concerns as to whether your research to date and the proposed airing of these issues has appropriately protected and respected the rights of those named or implicated in your correspondence.’
asserted
research → air → correspondence
The correspondence stated: ‘As no doubt you are aware, the constitutional rights of an accused person to a trial in due course of law and to fair procedures are found in Articles 38.1 and 40.3 of the Constitution of Ireland.
asserted
rights → state → Ireland
Article 6 of the European Convention on Human Rights also guarantees that a person charged with a criminal offence has the right to a fair trial.
asserted
person → guarantee → trial
The show was pulled from the RTÉ Player two days after it aired
‘
asserted
it → pull → Player
As such, matters are sub-judice at this time and it is not appropriate to comment, beyond noting that any further comment could be regarded as potentially prejudicing the fair trial rights of this accused person and likely to interfere with the due and proper and fair trial of any legal proceedings, particularly criminal proceedings.
uncertain
comment → comment → proceedings
The DPP then contacted RTÉ on the Friday before the documentary aired, echoing the Garda concerns.
asserted
documentary → contact → concerns
…and 26 more, not listed.
The Aporia
