Courts / Cork / Report

Disclosures Tribunal hopes to issue report by year end

Date
2022-07-22
Stage
Trial
Primary locality
Mitchelstown
County
Cork

Summary

The Disclosures Tribunal, chaired by Mr Justice Sean Ryan, concluded oral hearings today at Dublin Castle regarding the claims of retired Garda Sergeant Paul Barry. Mr Barry alleges he was targeted by superiors after making a protected disclosure in October 2012 concerning the handling of an alleged child sexual assault in Co Cork. He claims Superintendent Michael Comyns prevented a proper investigation and subsequently bullied and harassed him. Supt Comyns denies these allegations, describing the complaints as unfounded and vexatious. The tribunal also heard that the DPP directed no prosecution for the original child abuse allegation in 2015, citing a lack of evidence, and similarly directed no prosecution for Mr Barry's claim that Supt Comyns perverted the course of justice. Counsel for Mr Barry, Shane Costelloe SC, argued that senior gardaĆ­ showed flagrant disregard for his medical certification and victimised him through attempted transfers. Conversely, John Fitzgerald SC for the Commissioner stated that superiors engaged highly with Mr Barry and that belief alone is not evidence of targeting. Mark Harty SC for Supt Comyns argued that the alleged detriment began before the disclosure, undermining the protected disclosure claim. Mr Justice Ryan praised the professional conduct of all parties and stated he hopes to issue the tribunal's report before the end of the year. The matter is adjourned pending the written decision.

Who, what, where, when and why

What: Report matter: Disclosures Tribunal hopes to issue report by year end. Procedural stage: trial

When:

Why: "Simply because it is a grievance it does not mean it is a protected disclosure," said Mr Harty. CNI source report

Case subjects

Dublin Castle

Applicant

Paul Barry

Applicant

Supt Comyns

Applicant

Places mentioned

Incident
Garda Station
  • formerly of Mitchelstown Garda Station
  • Mitchelstown
  • transfer out of Mitchelstown Garda Station
  • him away from Mitchelstown Garda Station
  • Comyns nor attend Fermoy Garda Station
  • Fermoy
  • of not attending Fermoy Garda Station
Secondary Mention

Topics

Stage Trial Violent Crime

Related court reports

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request