State must pay former Fianna Fáil MEP candidate's costs in his garda intimidation case

Kieran Hartley's motion for a judgement against the State was struck out on consent of both parties

Kieran Hartley had alleged multiple instances of aggressive, intimidatory, and threatening behaviour towards him on the part of gardaí on dates between 2002 and 2021. File picture: Denis Minihane

The State must pay costs to a former Fianna Fáil politician after failing to file a defence in a case he took last year.

Kieran Hartley, a 50-year-old Waterford native and former Fianna Fáil substitute MEP for the Ireland South constituency, had alleged multiple instances of aggressive, intimidatory, and threatening behaviour towards him on the part of gardaí on dates between 2002 and 2021.

The case was due for mention on Monday at the High Court after the State failed to file a defence within the allotted time limit, the action having been first initiated by Mr Hartley in February 2023.

However, the plaintiff’s motion for a judgement against the State — the defendants being the Minister for Justice, the Garda Commissioner, and the Attorney General — was struck out on consent of both parties before it could be heard by Justice Emily Egan on Monday, with the plaintiff’s counsel Alan O’Dwyer BL acknowledging that the costs of the judgement motion had consequently been awarded to Mr Hartley.

It had been expected that the State would apply for a time extension, ordinarily in the order of six weeks, to file its defence. However, it is understood that a defence is now expected to be lodged by the Chief State Solicitors Office, representing the defendants, within the same broad timeframe.

Should that timeframe not be matched, Mr Hartley would be in a position to file for a judgement against the State once more.

Mr Hartley had lodged his statement of claim in the action last July, in which he alleged, among other things, that the defendants had failed: to have any adequate regard to the rights of persons; to take any adequate steps to ensure Mr Hartley was treated with dignity and respect; and to observe his constitutional right to a good name.

He had further alleged that the plaintiffs allowed his prosecution for a public order offence in 2020 to proceed despite it having been “unlikely to be successful” and that they allowed certain garda members to remain in the force “when they knew or ought to have known that the said members were unfit to serve as members of An Garda Síochána”.

That public order case was eventually dismissed by District Court Judge Brian O’Shea in November 2021 before reaching trial while a challenge to the authenticity of garda documents was being brought by Mr Hartley.

Mr Hartley stated that he believes there is a “campaign against him being orchestrated by a number of members of An Garda Síochána”. He is seeking aggravated damages from the defendants together with an order for costs.