High Court admits disputed Pulse records in Sinead Warren’s case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court allowed documents obtained by Detective Garda Joseph Kavanagh from the Garda Pulse system to be used in Sinead Warren’s civil action against the Garda Commissioner and other State defendants.

Mr Justice Micheál O’Connell agreed to admit the material on fairness grounds after initially describing its introduction as an “ambush”.

Kavanagh told the court he had printed undisclosed draft information sheets used to prepare a search warrant application and passed them to his partner’s legal team. He alleged that the defendants were withholding evidence.

Conor Power SC, representing the defendants, argued that Kavanagh had acquired sensitive documents unlawfully, that they belonged to the Garda Commissioner and that their acquisition breached data protection. Mark Harty SC, for Warren, said access to Pulse might be a disciplinary issue for the gardaí, rather than a matter for the court.

Warren sought damages from the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General. Her claims included interference with and breach of her constitutional rights, negligence, breach of duty, misfeasance and deceit.

Her lawyers alleged that a 2016 search of her Dublin 8 home was intended to interfere with her relationship with Kavanagh. She also alleged that WhatsApp messages circulating afterwards falsely depicted her as a criminal. The defendants denied her claims.

Retired Detective Sergeant Mark Kelly said the warrant concerned a burglary investigation in which neither Warren nor Kavanagh was involved. Gardaí accepted that she had never been involved in crime and did not associate with criminals.

The trial was due to continue the following week.