“Public hysteria” whipped up following the events surrounding the so-called Golfgate controversy led to the forced resignation of “a lot of very good people”, a barrister has told a trial triggered by the scandal yesterday.
he trial of two prominent politicians and father and son hoteliers over alleged breaches of the Health Act at an Oireachtas Golf Society dinner held during Covid restrictions in August 2020 began in Galway District Court yesterday.
The accused include the alleged organisers, Independent TD Noel Grealish (55), of Carnmore, Co Galway, and former Fianna Fáil senator Donie Cassidy (75), of Castlepollard, Co Westmeath.
Both men face a single charge that on August 19, 2020, they organised an event that contravened the Health Act 1947, as amended, to prevent, limit, minimise or slow the spread of Covid-19.
John Sweeney (61), the owner of the Station House Hotel in Clifden, Co Galway, and his son James (32), the hotel’s general manager, face the same charge.
In the fallout from the controversy, the then agriculture minister Dara Calleary, European commissioner Phil Hogan and leas-cathaoirleach of the Seanad Jerry Buttimer resigned their positions, and six senators lost their party whip.
Opening the prosecution case, Eoghan Cole BL outlined the legislation in place when the event at the Station House Hotel on August 19, 2020, occurred.
Mr Cole said the prosecution’s case is simply that the event staged by the Oireachtas Golf Society was in breach of the Health Act 1947 as amended to limit the spread of the coronavirus.
The court heard that 81 invited guests attended a dinner at the hotel when it was prohibited to organise an event with more than 50 people.
Six witnesses gave evidence in person during the opening day of the trial, while a further six statements of attendees were read into evidence.
Among those who gave evidence was John Flaherty, the former captain of the guard at Leinster House, Cáit Hayes, the former head of protocol at Leinster House, Senator Aidan Davitt of Fianna Fáil and retired Independent TD Paudge Connolly.
All witnesses were uniform in their evidence that they each believed the event, and the hotel and its staff complied with Covid guidelines at all times during the function.
The trial also heard that former attorney general Séamus Woulfe, now a Supreme Court judge, one of the attendees at the Oireachtas Golf Society golf dinner, would be called as a witness in the case in the coming days.
Defence counsel for Golf Society president Donie Cassidy, Mr Colm Smyth SC, told Judge Mary Fahy that following media coverage of the event, “public sentiment was whipped up and hysteria was whipped up”.
He said this led to “a lot of very good people” having “to resign from their positions”.
Addressing Judge Fahy, Mr Smyth said the case he was making to her was that two separate events took place involving a total of 80 people, which was not contravening the regulations.
“My case to you, Judge, is that the Station House Hotel organised an event at which 80 people invited participated in a dinner and prize-giving event,” he said.
“The reality of what took place is that those people were accommodated in two separate rooms.
“This was an event which wasn’t a spur of a moment or a frolic; it had been worked
out a couple of years in advance. Everyone jumped on the bandwagon to suggest that these people, because they hold a particular status in our society, were acting as if the rules didn’t apply to them,” he said.
Mr Smyth added that it would be Donie Cassidy’s and Mr Grealish’s evidence that they were satisfied the dinner was compliant under the legislation as there was “a solid partition wall dividing two suites which clearly defined the two spaces”.
The court heard the two groups were split into two suites when one large room was divided by a solid mobile partition creating two separate spaces.
At the event, one room accommodated 45 people, and the other held the balance of 36. Mr Smyth said that there had been an assumption that what the Government decided the night before had legal effect, but they were not in force for some time afterwards.
Prosecutor Mr Cole countered Mr Smyth’s argument that the regulations were not enforceable on the date of the event, saying there “was no lack of clarity in the regulations and they were the law of the land” at the time of the event.
Mr Cole said while Mr Smyth was not being misleading around his interpretation of the guidelines, he was mistaken.
“There is no question that they (the regulations) were not in force on the day in question. They certainly were. They lack no clarity. They simply say in clear terms that you cannot have an event at which more than 50 people could attend; you cannot organise such an event, and if you do, it’s a criminal offence. That is the law of the land.”
Michael McDowell SC, for Mr Grealish, said his client had been accused of organising an event that contravened the Health Act.
He said Mr Grealish had made it clear at all times that he had no role in the organisation of the dinner held on August 19, 2020.
The court heard Mr Grealish was acting captain of the Oireachtas Golf Society, and his responsibilities in regards to the organisation of the two-day event were discharged on August 18 with the Captain’s Cup competition at Ballyconneely golf club.
“He has made it clear at all times he had no role in the organisation of the presidents dinner, full stop.”
Edward Walsh SC, for John Sweeney, said the event was organised in accordance with legislation then in force.
He said it was “absolutely the case” as far as industry and his client was concerned, that the guidelines evolved with the co-operation of the Department of Tourism, and until the changes were enacted into law, the status quo remained.
Constance Cassidy SC, for James Sweeney, said her client and his father were directors of the company Western Railway Operations Ltd and were completely separate and distinct persons in law from the company.
She said a “startling feature” and “most unusual and strange” aspect of the case was that the company itself was not charged with any offence and the two directors were.
Former captain of the guard in Leinster House, John Flaherty, was called after lunch yesterday and gave evidence, saying he travelled to the event on the invitation of Donie Cassidy.
He said he was seated at a table with former TD Dr Michael Harty, former senator Paddy Burke, his guest Rod McAuliffe, Councillor Enda McGloin and broadcaster Seán O’Rourke. Mr Flaherty said he felt safe and satisfied at all times that the event was Covid-compliant.
The court heard from several witnesses that the partition between the two rooms remained closed until the speeches and prize-giving at the end of the meal.
Rob McAuliffe recalled that Donie Cassidy, Noel Grealish and Phil Hogan all made speeches.
Another member of the Oireachtas Golf Society, Cáit Hayes, the former head of protocol in the Leinster House, said a guest she brought to the gathering was “medically compromised”, so she checked the dining area in advance of the dinner to ensure it was safe.
Ms Hayes was seated at Table 6, which included former TD Brian Hayes, Gerry Reynolds, John O’Donovan, Paul Scannell, Eamon McHugh and Patricia McGrath.
Fianna Fáil Senator Aidan Davitt told the trial how he felt the hotel management were “on top of their game” and put their best foot forward concerning Covid.
Mr Davitt said he was seated in the “back room”, which had five or maybe four tables, with around 30-odd people there.
He left the room before the speeches, as he was worried they would drag on for a long time, which was his experience of golf dinners.
He said he was surprised all the speeches concluded quickly.
He said he had not been at any other event during the pandemic that was as well policed in terms of Covid.
He described visiting another hotel in Galway city while on his way home. “It was like the Wild West,” he said of that establishment.
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