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GAZETTE
NOVEMBER 1996
President complains to Garda Commissioner
over visit to solicitor's firm
The President of the Law Society, AndrewSmyth, has written to the Garda Commissioner, Patrick Byrne,
criticising the Garda's handling of their visit to Dublin solicitors M E Hanahoe & Co last month.
A representative of the Commissioner has since replied. The full text of the letters are reproduced below.
Re: Garda visit to solicitor's office
9 October 1996
Dear Commissioner,
I am writing to complain in the strongest possible terms
about the tip-off to the media which ensured that press
photographers and reporters actually arrived in advance of
the Gardai at the offices of Michael E Hanahoe & Co on the
afternoon of 3 October 1996.
This leak, coup l ed with the c omme n ts which were
attributed to the Garda press office, inevitably led to a
situation which in all likelihood has seriously damaged the
reputation of the solicitor's firm concerned.
As the visit was a planned Garda operation, one can only
conclude that the tip-off to the media in advance must have
originated within the Gardai.
Solicitors everywhere are outraged by what was done to
this firm. I regret to have to inform you that it has seriously
damaged the good relations which should always exist
between solicitors and the Gardai. In his matter I am seeking
your co-operation in an effort to restore such relations.
Newspaper reports suggest that a Garda internal inquiry
is underway to determine the source of the leak in question
which in turn suggests that the leak was not officially
authorised.
It must be pointed out however, that many solicitors are
placing extremely sinister interpretations on this leak. Some
view it as an officially sanctioned attempt by the Gardai to
intimidate all firms of solicitors who regularly act for the
accused in the criminal law area. It would be therefore of
enormous significance for me to hear from you formally,
whether or not the leak was in fact officially authorised. I
also very much need to know what assurances you can give
in relation to avoiding any repetition of what happened in
this case.
In addition, it would be highly desirable if a procedure
could be agreed between the Gardai and the Law Society in
relation to these matters. Finally, it seems to me that a public
apology from the Gardai to the firm of Michael E Hanahoe &
Co would be in order.
I believe that, if the process of restoring relations between
the Gardai and the solicitors' profession is to commence, you
and I should meet to discuss the above at the earliest possible
opportunity. I am hereby requesting such a meeting.
I look forward to receiving your response.
Yours sincerely,
Re: Garda visit to the offices of Michael E.
Hanahoe & Co on 3.10.96
22
October 1996
Dear Mr Smyth
I am directed by the Commissioner to refer to your letter of
9 October 1996 regarding above and to his meeting with
yourself and Mr Ken Murphy on 18 October 1996 to discuss
the same subject.
The Commi s s i on er wishes me to say that the Garda
authorities did not sanction release of information on the visit
of the Gardai to the offices of Hanahoe & Company on 3
October 1996. He said he had nothing to indicate that the
information came from within the Garda Síochána and he was
surprised and disappointed that the media were tipped off.
The attendance of the media on the occasion did nothing to
enhance the Garda investigation. In fact, the opposite was
true.
The Commissioner also emphasised that, in the absence of
evidence or specific indicators, it should not be automatically
assumed that the tip-off came from Garda sources. He was
most anxious that the excellent relationship continues
between the Law Society and the Garda Síochána.
Since then, the High Court action has been initiated against
the Commissioner and others.
Yours sincerely,
B. G. Garvey,
Chief Superintendent,
Personal Assistant to Commissioner
•
Warning on stolen
notepaper
The Law Society is warning solicitors to take special
care of their professional notepaper as it has recently
become aware of a number of cases where headed paper
has been stolen and used in frauds. In one instance a
solicitor's signature was forged on a compliment slip
and presented to a bank in an attempt to obtain cheque
books. The Society advises members to ensure that they
have adequate procedures in place to reduce the
risk of such theft.
•
Andrew F Smyth,
President,
Law Society of Ireland
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