Golfgate trial tees off with ‘hysteria’ accusations

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.

Life and the pandemic have moved on, but the legal fall-out from Golfgate just got started yesterday. 

Four men went on trial at Galway District Court, charged with contravening Section 31 of the Health Act 1947 by organising a feed for the great and good of the Oireachtas Golf Society in August 2020. 

The defendants included independent TD Noel Grealish, former senator Donie Cassidy and John and James Sweeney, father and son owners of the Station House Hotel in Clifden where the dinner took place.

All four are represented by senior and junior counsel, the legal battery being drawn from the cream of the law library. 

The trial is expected to last up to four days with 51 possible witnesses due to be called to recount the most famous golf dinner to have taken place in the history of the state. 

Among those who have provided witness statements is Supreme Court judge Seamus Woulfe. 

Whether or not he appears as a witness remains to be seen.

In another lifetime, it may have been possible to sell tickets for a trial like this. 

Instead, in these Covid times, the courtroom is sparsely populated, with gowned lawyers outnumbering others in attendance. 

At the outset, various legal arguments ensued which concentrated on whether or not the regulations really existed at the time and, if so, whether or not they were legally enforceable as set out. 

Among those who have provided witness statements is Supreme Court judge Seamus Woulfe.  Picture: Collins Courts

Another issue that will feature centrally is whether the event, at which there were 81 attendees, took place in one big room or, essentially, two smaller rooms, divided by a partition. 

Whether this partition was solid or moveable will be a matter for debate in the trial.

Prosecuting lawyer Eoghan Cole told the court that one issue would be whether what occurred in holding the event was an “officially induced error”.

This concept arose in a previous case involving a senior banking executive who was involved in moving around €9bn between banks during the Celtic Tiger years, many miles from Clifden, in an era that wasn't defined by Covid rules.

Senior Counsel Colm Smyth, who represents Donie Cassidy, described his client as ‘a law-maker and not a law-breaker.’ 

He insisted the 80 people who had been invited to the golf society dinner were accommodated in two rooms.

He said the function had been organised as a mark of respect to the late Mark Killalae, a founding member of the organisation.

It had not been a function for ‘frivolity’, he stressed, 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.” 

Barrister 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 or publicise it.

The case is expected to last up to four days.