Judge warns litigants not to take photos in court amid claims that a senior garda did so 

High Court previously heard a pic was taken in court of a senior garda whistleblower and three associates, and that it was shared on WhatsApp with a request to put 'a name to a face'

Earlier this month, Detective Chief Superintendent Brian O'Reilly's legal team alleged in the High Court that a photo was disseminated on WhatsApp of three people accompanying the senior garda. Picture: iStock

A High Court judge has warned litigants not to take photos in court amid claims that a serving garda superintendent allegedly did so when a detective chief superintendent whistleblower's case came before him over the safety of gun holsters used by the force.

Earlier this month, Mr Justice Micheál P O'Higgins was asked by the legal team for Detective Chief Superintendent Brian O'Reilly, who drew the court's attention to their concern about people being photographed in court and sought his advice on how to proceed in the matter.

They alleged that a photo was disseminated by WhatsApp of three people accompanying Det Ch Supt O’Reilly into court and then circulated on the messaging service.

Conor Duff BL, for Detective Chief Superintendent O’Reilly, had said that his client, who has made protected disclosures regarding the safety of gun holsters used by the force, received the photo from another garda who is part of a WhatsApp group with Superintendent Liam White.

Ongoing appeal 

The claim relates to an ongoing appeal brought by Det Ch Supt O’Reilly, who referenced Supt White in his protected disclosure.

Mr Duff said the image allegedly originated from an account associated with Supt White, who asked members of the group to identify one of the men seen with Supt O'Reilly.

Mr Duff said the image showed three individuals accompanying Det Ch Supt O’Reilly in court, and that the account associated with Supt White referenced one of the individuals and stated: “I recognise the face but I don’t know the name.” 

On Tuesday, Mr Justice O'Higgins said he took the matter of the alleged photo "seriously" but would only refer litigants to the rules of behaviour of the superior courts barring electronic recording or live electronic transmission of court proceedings, which are strictly prohibited without express court permission. The judge said: 

Litigants need to be aware of, and comply with, the rules. 

Any audio or visual recording of court proceedings is forbidden under the provisions of the Practice Directions and Rules of the Superior Courts.

In the substantive matter before the court regarding the appeal, Mr Justice O'Higgins said he would reserve his judgment.

Detective Chief Superintendent's claim

Det Ch Supt O’Reilly has claimed that he was penalised by, or through, the Garda Commissioner's office after he made his disclosure regarding the holsters but lost his claim at a November sitting of Dublin Circuit Civil Court.

He claimed he had been penalised financially and marginalised within the force, such that his house was at risk if his now-reduced pay was not restored by garda management.

The detective has claimed that "unsafe and defective 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.

He told the court that a pistol could be removed from the leather holster even when the retention strap or safety clasp was closed.

Murder of Garda Colm Horkan

Six days after the accidental shooting outside the ambassador’s home, Stephen Silver murdered Garda Colm Horkan with the garda's own gun in Castlerea, Co Roscommon.

Silver, of Foxford, Co Mayo, had grappled with Gda Horkan and took control of the pistol, which had been holstered on his hip. Silver kept firing at Gda Horkan until the gun was empty, causing catastrophic injuries.

Det Ch Supt O’Reilly is appealing the Circuit Court's decision. The appeal was heard at the High Court in Galway on March 19 and in Dublin on March 26 last.

Det Ch Supt O’Reilly submitted to the November sitting of the Circuit Court that 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.

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