Dara Calleary could see people in other room through 'opening in partition' at Golfgate dinner

Dara Calleary arriving at Galway Court house on Thursday morning. He told the court: “It was very clear all of the guidelines were being adhered to.” Photo: Eamon Ward

Former Fianna Fáil Minister for Agriculture, Dara Calleary who was a guest speaker at a 50th anniversary Oireachtas golf society dinner held in a Clifden hotel two years ago, told the trial of four men accused of organising the event in breach of Covid regulations today, that he was satisfied all Covid guidelines had been observed during the function and throughout the hotel.

Independent Galway West TD Noel Grealish (55), from Carnmore, Galway, and former Fianna Fáil senator Donie Cassidy (76), The Square, Castlepollard, Westmeath, along with hoteliers John Sweeney (61) and his son, James Sweeney (32), each deny organising the Oireachtas golf society event in breach of Covid-19 restrictions at the Station House Hotel in Clifden on August 19, 2020.

Deputy Calleary said he was not a golfer or a member of the Oireachtas golf society, but he was very honoured to be invited to speak at the society’s 50th anniversary dinner to mark the contribution one of its founding members, the late Mark Killilea, had made to political life.

He said he and his wife arrived at the hotel on August 19 around 6pm and left the next morning. “It was very clear all of the guidelines were being adhered to,” he said.

While being led in his evidence by Eoghan Cole BL, prosecuting, Deputy Calleary told the trial he was fully satisfied all guidelines had been observed, both at the function and throughout the hotel which was very busy.

He said he spoke to Donie Cassidy on a number of occasions and was assured each time that the event would be fully Covid compliant. 

"He was very, very conscious of following the guidelines as a hotelier himself and also as president of the golf society. I was confident the event would proceed safely,” he told Mr Cole.

The trial has heard that the first former Fianna Fáil Senator Donie Cassidy knew of his prosecution was when he read and heard about it in the press. Photo: Ray Ryan

There were hand sanitisers visible in all areas throughout the hotel and he and other guests had been met on arrival by John Sweeney, who was there to ensure his venue was safe, he said.

He said a member of staff brought them straight to their table and she went through the hotel’s Covid protocols with them again. She asked them not to leave their table unless to go to the toilet and not to mingle with other guests.

“I was struck by the ‘bubbles’ of people who had spent the previous 48 hours together playing golf. Everything was very much compliant in the room. There were 45-46 people in the room but I don’t know the number of tables,” he said. Deputy Calleary said he was not aware there were other people there in another room.

“The hotel was very busy. I didn’t really think about it. I was just looking around the room. I didn’t see people (golfers) I had seen the lobby in the room afterwards. I didn’t give it much thought,” he said.

In reply to Mr Cole, he said he had been brought to his table and asked not to stop and talk to other guests. “It was a very unusual Irish function,” he joked.

He said there was a brief prize-giving ceremony afterwards and he gave “a few short remarks” about Mr Killilea’s contribution to society, as he had been asked to keep them short.

He said he became aware of other people in another room as he could see people there while standing at the rostrum at the top of his room, while giving his speech. “There was an opening in the partition. I could see it from where I was standing. It was the width of myself,” he said in reply to Mr Cole.

He said he didn’t see the opening when he was sitting at his table and he recalled “a small gap was opened after the meal.” He recalled the event finished around 11.30pm after a perfunctory presentation of golf prizes. “There was a sense of getting it done quickly,” he observed.

Mr McDowell SC for Noel Grealish (pictured) said his client would not be giving evidence as he had no case to answer. Photo: Eamon Ward

He recalled, he, Society president Donie Cassidy and then commissioner Phil Hogan were the speakers. “Afterwards I left and went to bed.” In reply to Mr Cole, he said he didn’t stop to talk to guests but he did say ‘hello’ to a few. “I didn’t pause to speak to anyone and then I went back to my room,” he said.

Mr Smyth SC put it to witness that it would have been clear to him there were people in defined areas and that the deputy had been in one of those defined areas. “Very defined. To get into the other section there was a separate entrance. There were several entrances to the function,” he agreed with counsel.

He also agreed with Mr Smyth that pressure had been brought to bear on the government at the time to open up the hospitality industry but he stressed that the first priority of the government was public safety and ensuring that safety was ‘paramount’.

“The Covid situation was relatively stable at the time and we were trying to support the industry,” he said. Mr Smyth pointed to the guidelines issued to hotels, which at the time stated that multiple gatherings were allowed indoors provided they were held in separate, defined spaces and no intermingling was allowed.

“Both were in operation at the event,” Deputy Calleary said. “There were sanitisers everywhere in the hotel and I was comfortable as a citizen of the state to attend. I was very comfortable in my time at the hotel."

In reply to Eddie Walsh SC, for the Sweeneys, Deputy Calleary said he was satisfied there were two defined spaces with no intermingling between both function rooms. Looking back now he said he was still satisfied everything had been done correctly at the time.

Media leak

Mr Colm Smyth SC, for Donie Cassidy, accused Inspector Peter Conlon earlier on Thursday morning of leaking details to the national media on February 17, 2021, which reported the imminent prosecution of all four defendants before the defendants had been formally notified or even charged.

Mr Smyth said the defendants first heard of their imminent prosecution from the media reports.

There was a report on the afternoon of February 17, he said, to the effect that the Gardaí, through a spokesman, had indicated to a journalist that there was to be a prosecution of Donie Cassidy, Noel Grealish and hoteliers, John and James Sweeney.

He said a summons for his client was sought on February 17, 2021 - the same day that the article appeared in the paper - while his client had not been served with the summons until July 14 last year.

Insp. Conlon strongly refuted the allegation. He said he did not leak any information to journalists and suggested it may have been done by the Garda Press Office.

Insp. Conlon said that in the interests of fairness four Gardaí rang all four defendants at the same time on either February 17 or even February 16, to inform them they were going to be prosecuted for organising a function in breach of Covid regulations.

Insp. Conlon conceded he did not have a record of the calls being made, but he emphasised they had been made simultaneously ‘in the interests of fairness’ to the four accused.

Mr Smyth said Mr Cassidy received no phone call from gardaí and the first he knew of the prosecution was when he read and heard about it in the press.

Detective's testimony

Mr Cole called Detective Garda John O’Donovan as a witness for the prosecution this afternoon in his capacity as having attended the dinner as a private citizen.

Det. O’Donovan, who is stationed in Salthill, said he reported his attendance at the event subsequently to his superiors just in case it would cause embarrassment to An Garda Siochana “if something got out into the public domain.” 

“Did your superiors feel you should do anything?,” Judge Fahy asked. Det. O’Donovan replied he did have to write up a report. He assured the judge his career had not been affected.

The prosecution case concluded after Mr Cole read several other witness statements into evidence.

Mr McDowell SC for Noel Grealish said his client would not be giving evidence as he had no case to answer. The court was told none of the defendants would be giving evidence and all four defence teams would be asking Judge Fahy to dismiss the charges.

Mr Cole said the prosecution case would fail if the court concluded this was two separate events and not one event, separate and distinct. "Even if you have a doubt, the prosecution case fails,” he said.

He described as ‘fanciful’ defence submissions that the function split into two distinct groupings. He said the openings or gaps that were made to the partition ended any separation and the room was no longer a defined space and was effectively one room.

“The prosecution say there was one event, one dinner hosted at a hotel at which 81 people attended. There was one room with one ineffective partition - ineffective in law as there was a gap in the partition.

The trial continues tomorrow.