The managing partner of a firm of solicitors, Mr Tony Hanahoe, told the High Court in Dublin yesterday of murder threats and "outrageous damage" to his firm's reputation after gardai visited its offices with search warrants last October.
Mr Hanahoe, with his brothers, who practise under the title of Michael E. Hanahoe and Co, are seeking an order quashing the decision of District Judge Gillian Hussey at Kilmainham Court who granted the warrants.
The gardai, it was alleged, arrived at the offices at Sunlight Chambers, Parliament Street, Dublin, on October 3rd last, wishing to see all files relating to property transactions on behalf of John and Geraldine Gilligan, who were named in the warrants.
Evidence was given for the firm that it had represented Mr John Gilligan for a number of years in relation to criminal proceedings and had represented Mr and Mrs Gilligan concerning the purchase of properties.
The Garda visit was described by the firm's counsel, Mr Donal O'Donnell SC, as "unprecedented in the history of the legal profession in this State".
Mr O'Donnell said there was no reasonable basis for the authorities believing that if the firm had been ordered to produce documents, it would not have done so.
There was no justification for the authorities getting a warrant to search and seize documents. Mr Hanahoe had protested about the media circus; it was clear the source of the information (to the media about the visit) had to be within the State apparatus.
There had been no apology by the State and no attempt to make it clear that the firm or any of its solicitors were not the subject of an inquiry; that this was a firm of the highest reputation; that the gardai were seeking information against a third party and that this was not to be seen as a reflection on the firm. Mr O'Donnell read from the information given by the gardai to Judge Hussey in which they claimed they were investigating whether the Gilligans had benefited from drug trafficking.
Mr Hanahoe, managing partner in the firm started by his father in 1939, told Mr Justice Kinlen he had given instructions some months previously that if gardai came they were to be given files. There had been a lot of publicity about various events relating to Mr Gilligan and the unfortunate death of Veronica Guerin. He was annoyed because the Garda visit looked like a "set-up", with reporters and photographers outside the door. Two-thirds of the firm's business did not involve criminal work.
There had been saturation coverage of the incident, and every time he saw it on television Veronica Guerin and John Gilligan were mentioned. There had been a comical element in that the media had arrived before the gardai.
He had been told by people in legal circles that being the recipient of a warrant was not that serious. But the ordinary "Joe Soap" on the street who happened to be the firm's client, took a certain view and "a raid was a raid". Clients had asked what had he done; there was a stigma attached.
Mr Hanahoe said a raid suggested that after a knock a sledgehammer was not far behind. His father and mother had received calls about someone being wiped out or a son going to be killed. People had run up and down the stairs in the firm's premises shouting "effing drug barons" and "effing murderers". His own kids had got a bit of it at school - that the firm only represented drug barons. There had been murder threats, which had been passed on to the gardai.
At one stage he had been worried about the health of one of his brothers; there were a lot of dangerous people about and a lot of dangerous "leaks", and he was afraid his brother was going to get caught up in this. There was a heightened interest in anything relating to Veronica Guerin.
The total value of seven property transactions involving the Gilligans, which went back to 1987, was only £229,000. In reply to Mr Frank Clarke SC, for the State, Mr Hanahoe said that when he heard about the presence of the media outside he was concerned this was some kind of dangerous game and a "set-up" and was calculated to do his firm damage.
There was a political hue and cry over Veronica Guerin and he was positive the firm was being selected as a kind of political coup. He had no concern about police arriving with an order to produce files or complying with a court order.
He was not criticising the investigating gardai; those officers were embarrassed, helpful and uneasy about the situation.
Mr Michael Hanahoe said he told the gardai on arrival that they did not require a warrant. He immediately asked for files to be brought to his office. Ms Mary Keane, an officer of the Law Society, said the society had issued a press release condemning the tip-off to the media and stating the firm was in good standing with the society. The society was of the view that gardai had tipped of the media and that this was an intimidatory tactic to make solicitors sit up and pay attention to gardai if they turned up at solicitors' offices.
The State denies there was an error in law or that it acted in excess of jurisdiction. The State also denies it alerted the media. The hearing continues today.