Golfgate trial told 'good people had to resign' because everybody 'jumped on the bandwagon'
Pictured on the first day of the Golfgate trial were former Fianna Fáil senator Donie Cassidy, Independent TD Noel Grealish and hoteliers John Sweeney and James Sweeney.
Legal teams representing two politicians and two hoteliers have said their clients were unfairly prosecuted as they had complied with Covid regulations at all times during a two-day Oireachtas Golf Society outing in Connemara.
Independent TD Noel Grealish and former Fianna Fáil senator Donie Cassidy, along with hoteliers John Sweeney and James Sweeney, are each facing a summons related to organising an Oireachtas Golf Society event at the Station House Hotel in Clifden during pandemic restrictions on August 19, 2020.
Prosecuting barrister Eoghan Cole said it was the State’s case that, on the date in question, an indoor event was organised and the number of people present exceeded 50 and that the four defendants before the court, who organised the event, did not take all reasonable steps to ensure the numbers did not exceed those permitted for an indoor gathering at the time.
He said that, at the time of the alleged offence, the legislation provided that an event organiser was “a person who is engaged in publishing, arranging, organising or managing an event” and it was the State’s case that all four accused had organised the event.
In turn, separate legal teams representing Mr Grealish from Carnmore in Galway, Mr Cassidy from the Square, Castlepollard in Westmeath, John Sweeney, owner of the hotel, and his son James, the general manager of the hotel, made lengthy submissions to the court arguing why their clients should not be facing a criminal prosecution at all.
Senior Counsel Colm Smyth, who represents Mr Cassidy, described his client as ‘a law-maker and not a law-breaker.’
He said the guidelines issued to hotels at the time were implemented in consultation with the government and they were regarded as an official government document, carrying the government’s insignia.
He said 80 people had been invited to the Golf society dinner and were accommodated in two rooms.
He said the function had been organised as a mark of respect to the late Mark Killalae, who was a founding member of the organisation.
He said the function had not been a ‘frivolity’ before adding: “Everybody jumped on the bandwagon that these people ignored the rules, saying the rules didn’t apply to them. That was certainly not the case.
“And the Press assumed that what the government decided the night before had meaning for this event, but it didn’t - not until ten days later,” he submitted, referring to the government’s decision to further restrict indoor gathering numbers in August 2020.
Mr Smith accused the media of “whipping up public sentiment and hysteria” before reflecting that: “A lot of good people had to resign as a result.”
He said Mr Cassidy took all precautions by checking the regulations and the guidelines and checking with people in the Hotels Federation and the Department of Tourism.
Referring to a copy of the guidelines handed into court, he said it permitted for multiple gatherings and events provided physical distancing protocols were adhered to.
Mr Smith said his client had consultations well in advance with the hoteliers to ensure the guidelines were adhered to.
Counsel explained a partition was put up separating the Kylemore Suite from the Omey Suite during the function.
“My client was informed one of the rooms would accommodate 45 people, and the other room, the balance of the 81 in attendance and that is what was in place on the night,” he said.
Mr Cassidy was satisfied, he said, that the room was properly divided making it into two rooms, and that met the guidelines.
Mr Cole countered that Mr Cassidy and Mr Grealish invited 80 guests to one event and they had one dinner served by the same hotel staff in what was effectively one room.
“During the function, the partition was altered for people to hear the speeches and there was no rigid separation. It was one event and not multiple gatherings,” he said.
Michael McDowell, who represents Deputy Noel Grealish, said the outing of the society was divided into a two-day event. He said his client, as captain, was responsible for the first day of the event, which did not involve a dinner.
The second day included the President’s dinner, Mr McDowell said, emphasising that his client “did not organise it and, most especially, he didn’t do so that day and he didn’t publicise it or arrange it or organise it.”
He informed the court his client was merely a “standing” captain solely for this two-day outing at the behest of Society president, Mr Cassidy, and that former Justice Pat McCartan was appointed the Society’s captain for 2020 at the function that night.
He contended Mr Grealish acted in the utmost good faith as standing captain for just those two days.
Legal representatives for hotelier John Sweeney said the status of the guidelines needed to be clarified by the prosecution. He said his client was not the legal owner of the hotel’s licence and he didn’t organise or cause to organise the event.
He said the government introduced the guidelines for the benefit of reopening the hotel and other sections of business.
He concluded the event was held in accordance with the guidelines introduced by the government at the time.
Ms Constance Cassidy SC, who represented Mr James Sweeney, said her client and his father were directors of the company Western Railway Operations Ltd and were distinct persons in law from the company.
She expressed dismay that the company was not prosecuted instead of her client.
The trial continues Friday.
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