Courts / Meath / Report

Trial of garda civil servant accused of using bogus sick certs collapses

Date
2019-03-26

Stage
Sentence

Primary locality
Navan

County
Meath

Summary

The trial of 50‑year‑old Garda civil servant Lynn Margiotta collapsed after Judge Patricia Ryan ruled that the seizure of her medical certificates breached her right to privacy. Margiotta was arrested in August 2014 after a complaint of bullying against her line manager, Sergeant Sharon Burke. She had claimed stress from her mother's death in January 2014 and had provided over a dozen sick certificates signed by her brother, Dr Tony Margiotta. The certificates were officially stamped in the names of Dr Teresa O'Brien and Dr Barry Brown. Margiotta faced 18 counts of using a false instrument, and her brother faced 18 related counts of making false instruments. Both denied the allegations. The judge found the seizure improper, the certificates inadmissible, and the content of the interviews inadmissible. Consequently, the Director of Public Prosecutions entered a nolle prosequi on all charges against both defendants.

Who, what, where, when and why

What: Report matter: Trial of garda civil servant accused of using bogus sick certs collapses. Charges or matters: 18 related counts of making false instruments. Procedural stage: sentence

When:

August 2014 Incident
January 22 Other
July 31 2014 Other
August 2017 Other
2019-03-26 Publication

Case subjects

Lynn Margiotta

Applicant

Charges: 18 related counts of making false instruments (Alleged Or Contested)

Outcome: Judge Ryan said that during her detention in August 2017 Det Supt McTiernan, then a garda inspector, told Ms Margiotta that she could have a solicitor.