Garda's 'shock' at presence of detective found at address searched under warrant

Woman alleges she was falsely branded or implied to be a 'major criminal' and a 'serious female gouger' on WhatsApp messages allegedly sent by gardaí

Sinead Warren at the High Court on Thursday. File picture: Collins Courts

A retired detective has told the High Court of his "shock" upon discovering a garda in the bedroom of a woman's apartment while armed officers executed a search warrant in a burglary investigation.

The High Court is hearing a case taken by Sinead Warren, who lived at an address on Reuben St, Dublin 8, in 2016, when gardaí searched the apartment and found her long-term partner, Detective Garda Joseph Kavanagh, present in a bedroom.

Ms Warren and Det Garda Kavanagh have been described in court as "law-abiding citizens of impeccable character", which is accepted by gardaí defending her case against them.

She alleges that she was falsely branded or implied to be a "major criminal" and a "serious female gouger" on WhatsApp messages allegedly sent by gardaí, which her counsel on Friday described as "disgusting".

Ms Warren has taken her case against the Garda commissioner, justice minister, Ireland, and the Attorney General, seeking damages for interference and breach of her constitutional rights, negligence, breach of duty, misfeasance, and deceit.

Ms Warren alleges that following the search, messages circulating on WhatsApp that could only have originated from people involved in or close to the search, said that Det Garda Joseph Kavanagh had been "caught in the scratcher" with her.

Ms Warren submits the messages also suggested that Garda Kavanagh's career was ruined due to his relationship with her.

At the High Court on Friday, Mr Justice Micheál O'Connell was told by retired Detective Sergeant Mark Kelly that the warrant was issued for the investigation of a burglary in Dublin. 

He said it did not involve Ms Warren or Garda Kavanagh, but they were present at the address when three armed and three unarmed gardaí arrived looking for a pair of yellow shorts believed to be connected with the burglary.

Ms Warren's barrister, Mark Harty, asked Det Garda Kelly why it was necessary to include the dates of births of Ms Warren, some of her extended family, the names of her former partners, and the death dates for two of her brothers when reporting on a search warrant for a pair of shorts.

Ms Warren's brothers, Paul and Christopher, were shot dead in Dublin in 2004 and 2012, respectively.

Det Garda Kelly said he could not recall exactly the circumstances of the report. He said he presumed he was asked for it but it was unlikely that he was responsible for all of the information contained within.

Det Garda Kelly said he was "shocked" by the presence of Det Garda Kavanagh and that he felt "obliged" to inform his superior of something he had never come across.

Det Garda Kelly said he could not recall how he found out the information included in the report regarding Ms Warren and her family members.

"Maybe I just knew," said Det Garda Kelly.

"Do you know the names of my brothers and sisters?" responded Mr Harty.

Mr Harty asked about the WhatsApp messages after the search calling his client a "gouger and a gouger's sister" and put it to Det Garda Kelly that, when searching a person's home, including bedrooms, matters discovered had to remain confidential if unrelated to the investigation.

"I can't answer for other people's actions," said Det Garda Kelly.

"It's disgraceful," said Mr Harty.

"It is not something I would have done, stand over, or condone," said Det Garda Kelly, adding he had "total and utmost respect" for Ms Warren and Det Garda Kavanagh.

It is accepted by gardaí that Ms Warren is known as a person of "impeccable character" who had been Garda-vetted for her employment at a creche and has never been involved in criminality, nor does she associate with criminals.

It is submitted by lawyers for Ms Warren that the search of her home was a "ruse" designed to interfere in her personal life and her relationship with Garda Kavanagh.

It is claimed by the plaintiff that senior gardaí "deemed the relationship between Garda Kavanagh and Ms Warren to have been inappropriate and set out to interfere by carrying out surveillance and by making enquiries to ascertain the nature and extent of the relationship".

She alleges that Garda Kavanagh was dropped from a Special Crime Task Force that he had been selected to join and suffered intimidation and harassment from his superiors in the force.

The claims are denied.