A garda superintendent claimed in the High Court yesterday that an article in the Sunday Tribune newspaper on May 31st, 1998, suggested that he had neglected to investigate a serious complaint about a man who was later at the centre of a siege at a house in Ballyconnell, Co Cavan.
Listowel-born Det Supt Patrick Joseph Browne (47), who was not named in the article, is suing the newspaper for alleged libel in an action before Mr Justice Kearns and a jury. The superintendent, who was stationed in Ballyconnell at the time, claims the libel was in an article headed "Gardai warned about German man's `arsenal"'.
His counsel told the court that the newspaper had incorrectly attributed responsibility to him for the tragic death of one person and the serious injury of another.
The newspaper admits that it published the article, but denies that it identified the superintendent or that the words contained the meanings claimed.
The article stated that gardai had been warned that a German national who had shot a sheriff and two bailiffs when they attempted to evict him and his dying mother from a house in Co Cavan had an arsenal of weapons at his disposal.
It added that a solicitor's letter, seen by the newspaper, had informed gardai that Gerrit Isenborger had an array of firearms, and asked that his house be searched. The letter was sent by Walter P. Toolan and Sons, acting on behalf of the owner of the house, Michael Hehle, two months before the attempted eviction, during which Isenborger shot at the Cavan County Sheriff, Thomas Owens, and two bailiffs, using a variety of guns. The letter had suggested that it would be prudent to conduct an official search of Isenborger's premises to ascertain whether he had illegal firearms.
The newspaper quoted a spokesman for the solicitors, who said that gardai neglected to investigate the complaints in the letter, which had been sent two months before the eviction incident.
Det Supt Browne, in evidence, said that Isenborger had a licence for a .22 rifle, a common weapon in rural areas, but there was nothing to indicate that he was a dangerous person. He had never come to the attention of gardai. The county registrar, Thomas Owens, was also the sheriff. It was he who enforced civil orders of the court.
Before the sheriff's visit to Isenborger's home a request was received for two gardai to be present. Supt Browne said he did not communicate the contents of the Toolan letter to Mr Owens. He had no evidence to back up what the Toolan letter alleged, nor had he any information to indicate that Isenborger was dangerous.
When the house was searched after the siege, gardai found two high-powered rifles, an FN and a Lee Enfield of the type used by the Army, the .22 rifle for which there was a licence, a revolver and a pistol. There was ammunition for most of the guns. Also found were a crossbow, a bayonet and telescopic sights.
Isenborger subsequently surrendered the weapons and was given a suspended four-year sentence. This was appealed by the DPP and the Court of Criminal Appeal imposed a five-year sentence.
Supt Browne said he was shocked and annoyed when he read the article. He instructed his solicitors to write to the Sunday Tribune. The newspaper had offered a right of reply, but he wanted an apology.
Cross-examined by Mr Sean Ryan SC, defending, Supt Browne said that in addition to an apology he felt he was entitled to damages. Asked if he had ever sued for libel before, he said he had done so three or four times. He had been awarded £25,000 in 1986 or 1987 and had received £18,000 and £20,000 from two other cases. He was "nearly sure" that there was a fourth case from which he had received £15,000 or £20,000.
Supt Browne agreed with Mr Ryan that what Mr Toolan had warned of had turned out to be "absolutely correct", but Mr Toolan had refused to substantiate any of the allegations contained in his original letter.
He had checked with gardai "on the ground" in Ballyconnell. It had not occurred to him to phone Isenborger to check out the allegations.
The hearing continues today.