A DEFAMATION action brought against a prominent Corrib gas protester by a former Garda sergeant opened in Castlebar Circuit Civil Court yesterday.
Retired Garda Sgt James Gill claims that Mayo fisherman Pat O’Donnell accused him, within the earshot of protesters and gardaí, of stealing diesel and smuggling tyres. The incident occurred during a protest at the Corrib gas terminal site at Ballinaboy, on November 3th, 2006. He claims Mr O’Donnell said: “You break the law one day and you are down here keeping the law the next.”
Mr Gill also told the court that Mr O’Donnell whispered in his ear: “You are a f***ing sissy.”
Séamus Ruane, counsel for the plaintiff, said the offending words were spoken as a line of gardaí walked alongside about 100 protesters who gathered each morning to block Shell workers and lorries from entering the works site. Mr O’Donnell was at the top of the line, with gardaí to the fore and on the roadside.
Mr Gill told the court: “It was a difficult enough job to police the Corrib gas protests. There was a huge credibility issue if people thought I was a smuggler and a thief.” He said he felt his reputation, and that of his family’s, had been sullied.
He also said he was jeered at during subsequent protests and that, while formerly such heckling was like water off a duck’s back, this caused him distress and affected his home life.
Mr Ruane argued that Mr O’Donnell’s remarks were made to disparage him. Mr Ruane said the incident had exacerbated his client’s gastric condition and caused him psychological distress.
Mr O’Donnell denies the allegation, claiming he was referring to diesel that was stolen, in 1997 or 1998, from a tank he had on Porturlin pier for his fishing boats. He claimed he reported the incident but the prosecution said there was no Garda record of the report at Glenamoy Garda station.
Mr O’Donnell also said his reference to upholding and breaking the law related to the fact that gardaí policing the Corrib protest were on their best behaviour if the media or politicians were present but were heavy-handed when there were no witnesses.
His counsel, Leo Mulrooney, told the court that Mr O’Donnell never said anything about smuggling tyres on the day in question and Mr O’Donnell said he did not make any remarks directly to Mr Gill.
“It was annoying me that there were up to 200 gardaí at the protest policing for Shell and I said something about ‘working for Shell when you can’t police the community’. Then Sgt Gill looked back at me and said ‘are you referring to me Mr O’Donnell?’ and I said: ‘I am not talking to you at all, Sgt Gill’.”
Judge Margaret Heneghan is due to make a ruling tomorrow.