Court orders Gardai to disclose material to Garda Keith Harrison

A High Court judge has ruled that Garda Keith Harrison is entitled to be provided with certain documentation he has sought in preparation for a bullying claim he has brought against the Garda Commissioner and the State.

Ruling on a pre-trial motion Mr Justice John Jordan said that Mr Harrison was entitled to 'discovery' of some 16 documents over which the Gardai and the state had claimed were being withheld from him on public interest grounds.

The records in question include screen printouts from the Garda Pulse system, which the Co Donegal-based Garda has claimed he should be provided as part of his damages action.

However, the judge said that Garda Harrison, who has been suspended from duty since 2021, was not entitled to 72 other documents including correspondence between the DPP, State Solicitors and the Gardai.

The judge said that following his review of the material he was satisfied that it "met the criteria" that "attracted legal advice privilege."

Those documents reviewed by the court, he added were "entitled to the cloak of privilege" claimed.

Mr Harrison has brought personal injuries claim against the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General.

In that action he seeks damages, including aggravated and exemplary damages for alleged negligence, breach of duty, bullying, harassment, and the deliberate infliction of emotional suffering he claims he suffered during his employment as a member of An Garda Siochana.

The claims are fully denied.

The High Court had in 2018 directed that the defendant to provide Garda Harrison with certain documentation mainly generated between 2008 and 2014.

This included material relating to Garda Harrison's employment record, his disciplinary records and personal file. and Pulse records relating to his family and their motor vehicle during the relevant period.

Other documents sought relate to Garda Harrison's transfer between stations, managerial decisions relating to a decision to prosecute Garda Harrison during the course of his employment, and all documents relating to when a Garda makes a protected disclosure.  

Over 1180 documents were provided to Mr Harrison's lawyers.

However, almost 90 documents were withheld on grounds including that they covered by Legal Professional Priviledge, Litigation Privilege and Public Interest Privilege. 

Garda Harrison's lawyers opposed those claims and asked the court to make an order requiring the defendants to provide him with those documents.

The defendants opposed the application. 

In his ruling the judge said that Garda Harrison was entitled to the 16 documents which the defendants had claimed were covered on public interest grounds.

The judge said that material could not be described as confidential intelligence or sensitive material.  Ordering its disclosure would not benefit criminals, nor could it be said that it was irrelevant.

Garda Harrison was entitled to that material and the claim of public interest privilege was not justified.

Previously Garda Harrison appeared before the Disclosures Tribunal which has been investigating claims by Garda whistleblowers. In 2017 and 2018, the tribunal's then chair Mr Justice Peter Charleton rejected allegations made by him and his partner Marissa Simms.  

The allegations included that Ms Simms was compelled by gardaí to make a statement against Garda Harrison which led to a Tusla referral, and that Garda Harrison was the victim of a five-year intimidation campaign after arresting a fellow officer for drink-driving in 2009