Garda whistleblower challenges exclusion of media from Workplace Relations hearing

Acting head of the Garda National Technical Bureau made claims regarding 'unsafe and defective' gun holsters

The acting head of the Garda National Technical Bureau is seeking to quash a ruling by the WRC from last month, when the adjudicating officer acceded to a Garda submission that his case contained 'sensitivities' that should not be made public. Picture: Dan Linehan

The acting head of the Garda National Technical Bureau, who has raised safety concerns that 'defective' gun-holsters used by armed gardaí could lead to accidental deaths, is challenging a decision by the Workplace Relations Commission (WRC) that excludes the media from his hearing.

At the High Court on Wednesday, counsel for Det Supt Brian O'Reilly, Conor Duff, successfully applied to have an expedited leave application heard on Thursday that challenges the WRC decision to hear the superintendent’s matter behind closed doors.

Det Supt O'Reilly, of Whites Road, Castleknock, Dublin 15, who is the acting head of the Garda National Technical Bureau, is seeking to quash a ruling by the WRC from last month, when the adjudicating officer acceded to a Garda submission that his case contained "sensitivities" that should not be made public.

Det Supt O'Reilly, who has CIA training and a Masters in Serious Crime investigations, is taking his case against the WRC adjudicating officer, who made the decision, the WRC with the commissioner of An Garda Síochána named as a notice party.

Det Supt O'Reilly claims that after he made protected disclosures regarding work practices inside An Garda Síochána, he was penalised in his workplace and had his pay reduced.

He submits that in his 30-year career in An Garda Síochána he had never been absent on any kind of sick leave until he attended his GP in April 2023, who certified him as suffering from work-related stress.

Det Supt O'Reilly became the acting head of the bureau in August 2016 and claims he has "suffered detriment" due to the protected disclosures.

Det Supt O'Reilly raised concerns over gun-holstering equipment for gardaí, warning that it endangered the lives of armed gardaí and the public in general.

The detective claimed that leather holsters, made and supplied by an equine saddlery in Kildare, may have been responsible for the serious accidental self-wounding of a Garda on protection duty at the residence of the Israeli ambassador in Dublin in June, 2020.

Last November, Dublin Circuit Court heard that Det Supt O’Reilly made several protected disclosures in recent years, one of which regarded alleged breaches of health and safety regulations and endangerment of colleagues due to “unsafe and defective leather pistol holsters”. 

Det Supt O’Reilly told the court that the pistol could be removed from the leather holster even when the retention strap or safety clasp was closed.

Six days after the accidental shooting outside the ambassador’s home, Stephen Silver murdered Detective Garda Colm Horkan in Castlerea, Co Roscommon.

Silver, aged 49, of Foxford, Co Mayo, grappled with Garda Horkan and took control of the pistol which had been holstered on the garda's hip. 

Silver kept firing at Det Gda Horkan until the gun was empty, causing catastrophic injuries.

Silver was sentenced in April 2023 to life imprisonment with a minimum time served of 40 years for murdering a garda who was acting in the course of his duties.

Det Supt O’Reilly said he and another officer investigating Det Gda Horkan’s death had been informed that Silver told gardaí, while in custody, that he had been able to reach down and pull Det Horkan’s pistol from the holster.

Mr Justice Garret Simons will hear the application for judicial review over the proposed press coverage ban on Thursday at the High Court.