Golfgate has been thrown out of court.
TD Noel Grealish's high profile barrister, Senator and former Minister for Justice Michael McDowell, appealed to the judge, Justice Mary Fahy, in Galway courthouse that his client had “no case to answer.”
Judge Fahy said: “There is absolutely no evidence to show that he was one of the organisers.”
She then proceeded to say that this was also the case for the rest of the defendants, Donie Cassidy, and hoteliers and owners of the Station House hotel in Clifden, John and James Sweeney.
The charges were that the accused had organised an event that was in non-compliance with Covid restrictions in place on August 19 2020.
The day’s dramatic conclusion came after former minister, Dara Calleary, who resigned in the wake of the controversy, took the stand for questioning.
Mr McDowell made his sensational intervention after the Garda in charge of the investigation, Inspector Peter Conlon, endured a three hour grilling from defence lawyers on Thursday morning.
Mr Conlon was the acting Superintendent at Salthill Garda station in August 2020, where the investigation into Golfgate was based.
Golfgate saw the Oireachtas golf society play golf in Ballyconneely in Galway on August 19 2020, before 81 sat down for dinner in a partitioned room in the Station House Hotel later that evening.
The country had Covid restrictions in place including a limit of 50 people at an event indoors.
The Clifden evening function saw major politicians, including EU Commissioner Phil Hogan, top judges, such as Supreme Court Judge and ex-Attorney General, Séamus Woulfe, and a smattering of bankers, businessmen and Oireachtas society friends gather for the golf prize giving.
Inspector Conlon faced some of the country’s top barristers representing Mr Grealish, former politician, Donie Cassidy, and hoteliers and owners of the Station House hotel in Clifden, John and James Sweeney.
Colm Smith was there for Mr Cassidy, while Edward Walsh represented the father and son, John and James Sweeney.
There was also drama earlier in the session when Mr Smith accused a garda of leaking news of the charges before the accused were told.
The Senior Counsel said his client only found out that he was being charged through media reports on February 17, 2020.
Inspector Conlon insisted his office phoned Mr Cassidy, and the other three accused, simultaneously on “either February 16 or 17.”
Mr Smyth said this was not the case and that the first Mr Cassidy officially heard about being charged was through a summons issued to him on July 22nd 2021, just days before the start of the trial.
Former minister, Dara Calleary, also gave evidence on Thursday afternoon, but he spent very little time in the stand, just half an hour.
He said that he thought there was “an abundance” of public health precautions taken by the hotel’s owners, and that it lacked the normal characteristics of a regular Irish party.
Mr Calleary said: “It was a very unusual Irish function.”
There was only one other witness, a garda, Detective John O’Donovan, who had attended the event as a guest of former junior minister, Brian Hayes.
Statements from 12 other witnesses were read into the record.
There were over 30 statements taken from witnesses in total and 20 people declined to provide statements. They were not obliged to.
The State’s prosecution was led by Eoin Cole SC.
In his summation he submitted that the 81 person dinner was a single event that was in contravention of public health guidelines and constituted a criminal offence.
Mr McDowell said: “I’m astonished by his submission, it seems to be totally divorced from the evidence.”
An emotional Donie Cassidy spoke to the Irish Mirror and other reporters outside a rainy Galway courthouse after the case was thrown out and all charges dismissed.
Mr Cassidy said: “I’m very sorry for keeping you out in the rain on this terrible evening.
“I have to say that I’m delighted to be vindicated.
“We did everything we could to live within the Covid regulations and to live within the Act.
“And bearing in mind the huge amount of people who have been affected in Ireland, the six and a half thousand people who have lost their lives.
“As I’ve said before, I’ve been all my life a lawmaker, not a lawbreaker.
“And I have to thank my wife and my family, who have gone through a difficult time, and my legal team, Colm Smyth, Willie Penrose and JJ Mannion who have been the backbone of… keeping me sane I suppose.
“But my late mother used to always say, the truth always wins in the end, and I’m deeply grateful to Judge Fahy for that happening here today.”
The former senator added: “A lot of friends lost their positions in life.
“Serious positions that had taken 25 and 30 years to put there.
“And I hope that the people who made those decisions on those occasions will now, when they have been vindicated, put those good people back, in the long-term, to serve the country, because they were great people serving Ireland that were in difficult positions because of what happened, and it certainly wasn’t the case.”
Mr Cassidy was asked if “with hindsight” he would have called the event off.
He said: “In hindsight everybody would do something, but with hindsight I can honestly say that everything we did was compliant.
“Judge Fahy has vindicated us here today by her decision.
“Thank you.”
TD Noel Grealish did not stop to speak to reporters as he left the courthouse, but he did say that he was “happy” with the outcome of the trial.
