Only one victim provides statement in ex-gardaí PULSE data breach case

Gordon Deegan

Only one of the 14 victims of an ex-Garda’s unauthorised PULSE data disclosures has provided a victim impact statement in the case, a court has heard.

Counsel for the State, Sarah Jane Comerford (BL) said that the victims in the case of Shane Flanagan’s unauthorised disclosure of Garda PULSE personal data "were not aware that their data had been breached".

Comerford said that only one of the 14 victims contacted by the State has confirmed that they will provide a victim impact statement.

At Ennis Circuit Court on Tuesday, Comerford (instructed by State Solicitor for Clare, Aisling Casey) made her comment as Flanagan’s co-accused, Colm Meere (45) of Knockanean, Tulla Road, Ennis, Co Clare, entered seven guilty pleas for his role in the offences.

In the case, Meere pleaded guilty to inciting Shane Flanagan (39) of Ennis, Co Clare, on January 12th 2020, to obtain and disclose, via the Garda Pulse system, personal data regarding an individual with the initials L.L. to him.

Meere also pleaded guilty to inciting Flanagan to obtain and disclose personal data on the Garda Pulse system regarding an individual with the initials F.S. on February 13th 2020.

Meere entered guilty pleas to inciting Flanagan to disclose personal data on individuals from the Garda Pulse system concerning R.N. on April 13th 2020; on W.S. on May 3rd 2020; on G.L. on June 16th 2020, and on I.S. on September 24th 2020.

Meere has also pleaded guilty to a drug trafficking offence where on April 14th 2022 to having in his possession at Henry Street Garda Station, Limerick a tick list, bag sealer, tin foil, scissors, baggies and a mobile phone, in circumstances where there was a reasonable inference that the items were in his possession or control for a purpose in connection with drug trafficking.

Counsel for Mr Meere, Patrick Whyms (BL (instructed by solicitor, Daragh Hassett) said that Mr Meere has never been in trouble before, has no previous convictions and is a working man.

Whyms applied for a Probation Report to be prepared for his client, and Judge Francis Comerford directed that it be carried out.

Whyms said that while Meere’s and Flanagan’s offences are mirror offences, the nuances are very different.

Flanagan has previously entered guilty pleas to six PULSE offences from 14 counts before the court.

Flanagan - who resigned from the Gardai in March of last year - is currently serving a seven-year jail term for inciting strangers to rape a colleague and appeared via video-link from prison on Wednesday.

Judge Comerford said that there are merits to having a joint sentencing hearing for Mr Flanagan and Mr Meere.

Flanagan is due to be sentenced next week, and Judge Comerford adjourned Mr Meere’s case to a call over of cases on May 1st.  Mr Meere was further remanded on bail to that date.

The Judge said that he would decide next week if the sentencing of Mr Flanagan should proceed.