The Gazette 1996

GAZETTE

NOVEMBER 1996

President complains to Garda Commissioner over visit to solicitor's firm The President of the Law Society, AndrewSmyth, has written to the Garda Commissioner, Patrick Byrne, criticising the Garda's handling of their visit to Dublin solicitors M E Hanahoe & Co last month. A representative of the Commissioner has since replied. The full text of the letters are reproduced below. Re: Garda visit to solicitor's office

Re: Garda visit to the offices of Michael E. Hanahoe & Co on 3.10.96

9 October 1996

22 October 1996

Dear Commissioner, I am writing to complain in the strongest possible terms about the tip-off to the media which ensured that press photographers and reporters actually arrived in advance of the Gardai at the offices of Michael E Hanahoe & Co on the afternoon of 3 October 1996. This leak, coup l ed with the c omme n ts which were attributed to the Garda press office, inevitably led to a situation which in all likelihood has seriously damaged the reputation of the solicitor's firm concerned. As the visit was a planned Garda operation, one can only conclude that the tip-off to the media in advance must have originated within the Gardai. Solicitors everywhere are outraged by what was done to this firm. I regret to have to inform you that it has seriously damaged the good relations which should always exist between solicitors and the Gardai. In his matter I am seeking your co-operation in an effort to restore such relations. Newspaper reports suggest that a Garda internal inquiry is underway to determine the source of the leak in question which in turn suggests that the leak was not officially authorised. It must be pointed out however, that many solicitors are placing extremely sinister interpretations on this leak. Some view it as an officially sanctioned attempt by the Gardai to intimidate all firms of solicitors who regularly act for the accused in the criminal law area. It would be therefore of enormous significance for me to hear from you formally, whether or not the leak was in fact officially authorised. I also very much need to know what assurances you can give in relation to avoiding any repetition of what happened in this case. In addition, it would be highly desirable if a procedure could be agreed between the Gardai and the Law Society in relation to these matters. Finally, it seems to me that a public apology from the Gardai to the firm of Michael E Hanahoe & Co would be in order. I believe that, if the process of restoring relations between the Gardai and the solicitors' profession is to commence, you and I should meet to discuss the above at the earliest possible opportunity. I am hereby requesting such a meeting. I look forward to receiving your response.

Dear Mr Smyth I am directed by the Commissioner to refer to your letter of 9 October 1996 regarding above and to his meeting with yourself and Mr Ken Murphy on 18 October 1996 to discuss the same subject. The Commi s s i on er wishes me to say that the Garda authorities did not sanction release of information on the visit of the Gardai to the offices of Hanahoe & Company on 3 October 1996. He said he had nothing to indicate that the information came from within the Garda Síochána and he was surprised and disappointed that the media were tipped off. The attendance of the media on the occasion did nothing to enhance the Garda investigation. In fact, the opposite was true. The Commissioner also emphasised that, in the absence of evidence or specific indicators, it should not be automatically assumed that the tip-off came from Garda sources. He was most anxious that the excellent relationship continues between the Law Society and the Garda Síochána. Since then, the High Court action has been initiated against the Commissioner and others.

Yours sincerely,

B. G. Garvey, Chief Superintendent, Personal Assistant to Commissioner

•

Warning on stolen notepaper

The Law Society is warning solicitors to take special care of their professional notepaper as it has recently become aware of a number of cases where headed paper has been stolen and used in frauds. In one instance a solicitor's signature was forged on a compliment slip and presented to a bank in an attempt to obtain cheque books. The Society advises members to ensure that they have adequate procedures in place to reduce the risk of such theft. •

Yours sincerely,

Andrew F Smyth, President, Law Society of Ireland

322