A map of the DPP's office could be put to "extraordinarily destructive use" if it ended up in the wrong hands, according to a judge who upheld a senior garda's claim of privilege over the DPP office's floor-plans on Wednesday.
Jonathan Lennon (36), from Clonee, Dublin 15, began working in the DPP’s office on January 3, 2017, as a service officer who collected, delivered and circulated files.
He admitted having a “nosey” in the Peter Butterly murder file but denied breaking the Official Secrets Act that applies to civil servants since 1963.
Mr Butterly (35) was shot dead in the car park of the Huntsman Inn, at Gormanston Co Meath on March 6th, 2013 as part of an “internal feud in the dissident republican movement”. Four men are serving life sentences for his murder while others are serving sentences for related offences.
Mr Lennon denied four counts of disclosing information without authorisation to three individuals about the arrest of a named suspect in the Butterly case on September 7th and 8th, 2017, but was found guilty following a non-jury District Court trial.
Judge John Hughes sentenced him to 11 months in prison last year, but Lennon immediately lodged an appeal, which opened in the Circuit Court in July and resumed this week.
Mr Lennon’s lawyers have sought sight of certain information, including CCTV footage and a limited floor-plan of the DPP’s office which, they argued, would enable them to piece together Mr Lennon's movements at relevant times.
His barrister, Mark Mulholland QC, instructed by solicitor Ciarán Mulholland, told the Circuit Court on Wednesday that there was no evidence Mr Lennon actually entered the office in question, collected the file or returned it.
Public interest
However, Detective Superintendent Michael Gibbons said he was claiming privilege over the information to protect life and as a matter of public interest.
He said officials in the DPPs office dealt with "very serious" cases and make decisions on whether people should be charged with terrorism offences and other serious crimes.
“Those people needed to be kept safe in their office,” Det Supt Gibbons said. To disclose the information sought by Mr Lennon's lawyers could compromise the integrity of the office and reduce the effectiveness of how the office works, he added.
Det Supt Gibbons said there was clear evidence of alleged contact between Mr Lennon and suspected IRA members who were subsequently convicted in the courts.
"I have a serious concern that floor plans of the DPP's office could be going in that direction,” Det Supt Gibbons said alleging that the floor plans could end up in the hands of the IRA.
Sensitive work
Under cross examination from Mr Mulholland, Det Supt Gibbons accepted that the defence were only seeking sight of relevant portions of the floor plan. However, Det Supt Gibbons said he was making an overall claim of privilege over the entire floor plan.
Upholding the Detective Superintendent's privilege claim, Judge Melanie Greally said it was important that people who carry out such sensitive work on behalf of the State feel comfortable.
She said every element of the case concerning the DPP's office contained a risk. A map, for example, could be put to "extraordinarily destructive use".
Prosecuting counsel, Michael Delaney SC, said there was an "acute sensitivity" in the DPPs office about the floor plan.
The appeal continues before Judge Greally.
