Senior garda flags alleged unsafe gun holsters linked to Kildare business
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A SENIOR garda officer made claims alleging that gun holsters made by an equine saddlery in Kildare may be responsible for the accidental self-wounding of a garda at the residence of the Israeli Ambassador in Dublin in 2020.
Detective Chief Superintendent Brian O’Reilly failed in convincing Judge John O’Connor in the Circuit Civil Court that the Garda Commissioner Drew Harris had penalised him for having made a protected disclosure on it.
Judge John O’Connor held that the detective had not made out his case claiming substantial grounds for his contention.
Mr O’Reilly claimed he has been penalised for making protected disclosures about alleged defective gun holsters and faced losing his family home as a result of ongoing penalties imposed on him on the directions of Harris.
The garda also cited the death of Detective Colm Horkan which occurred just days after self-wounding incident to support his claim.
The court heard that the Chief Superintendent made several protected disclosures in recent years, one of which was regarding breaches of health, safety and endangerment of colleagues concerning “unsafe and defective leather pistol holsters.”
Judge O’Connor had read in detail Mr O’Reilly’s affidavit in which it was stated an official issue 9mm Luger caliber Walther semi-automatic pistol was accidentally discharged outside the Ambassador’s residence, causing life-changing personal injury to the security garda who had been wearing one of the leather holsters in question.
“It is my understanding that the individual who owns and operates the said saddlery, Mr Declan Clancy, is a neighbor of Superintendent Liam White … who formerly had responsibility for Firearms Stores and Procurement until that function was transferred to me,” Mr O’Reilly stated.
Superintendent O’Reilly said Declan Clancy saddleries had been engaged to provide leather pistol holsters as well as other accessories for carrying ammunition, including ammunition pouches.
He had considered it very unusual that they should have been procured from a saddlery business rather than a specialist firearms supplier.
He alleged a forensic examination of the holster by a ballistics expert had reported “a serious safety concern which may result in serious injury.” The “stark” report had stated that when inserting the pistol into the new leather holster an accidental discharge was made possible by the creased leather lodging between the trigger and trigger-guard of the weapon.
Detective Chief Superintendent O’Reilly said he and another officer investigating Det Horkan’s death had been informed the person detained in relation to the incident had advised gardaí, while in custody, that he had been able to reach down and pull Detective Horkan’s pistol holster.
He had issued a safety advisory communication to all chief Superintendents about the unsafe holsters, requesting them to cascade the information down to all members within their division. He had it published on the Garda portal as he was aware the unsafe holsters were still in circulation.
In delivering his judgment on Monday, Judge O’Connor had no doubt the whole court process had been very stressful for both him and his family. He had made a protected disclosure and had suffered and continued to suffer financial hardship by not being on full pay.
Judge O’Connor said Superintendent O’Reilly had not been dismissed and was entitled to and was receiving sick leave entitlements according to Regulations.
“His claim for enhanced benefit injury by way of injunctive relief as an injury on duty … is not borne out by the facts in this case,” Judge O’Connor said.
He adjourned the question of legal costs in the proceedings.
