A number of witnesses due to give evidence for the prosecution in the Golfgate case have “bouts of ill health”, the opening day of the trial has been told.
Senior counsel Eddie Walsh, appearing for hotelier John Sweeney, told Galway district court that it is unclear whether these witnesses had a definitive PCR test or “simply appear unwell and don’t wish to be here”. A total of 51 potential witnesses are listed for the trial that is expected to last at least two days.
Mr Sweeney, along with his son James, former senator Donie Cassidy and Independent TD Noel Grealish are all on trial for contravention of health regulations associated with the pandemic. The event took place in August 2020 at the Station House Hotel in Clifden as part of an outing by the Oireachtas Golf Society.
The court heard that among those who have provided witness statements is Surpreme Court judge Séamus Woulfe.
Judge Mary Fahy was told by senior counsel William Smyth, who is representing Mr Cassidy, that his client was a lawmaker who was also a figure in the hotel industry, owning four hotels in Dublin alone. He said that Mr Cassidy was “a lawmaker not a lawbreaker”.
The lawyer also said that the Oireachtas golf society was a very important body as it had been involved in making links with British parliamentarians even before the signing of the Good Friday Agreement.
Mr Smyth was making a case to the court that the guidelines brought in in response to the pandemic regulations were not broken at the event and that a “solid partition” was installed to ensure that the numbers attending would be less than the maximum allowed of 50. A total of 81 people were present at the event, including then Minister for Agriculture, Dara Calleary, former EU commissioner Phil Hogan and Mr Woulfe.
Mr Smyth submitted to the judge that the guidelines had not been broken and “public sentiment and hysteria was whipped up" when the details of the event had become public.
Former attorney general Michael McDowell, appearing for Mr Grealish, told the court that his client was not involved in organising the event.
Mr Grealish, he said, was captain of the society and the dinner was a president’s dinner. The outing took place over two days with the first day, on which golf was played, being the captain’s day.
The accused include alleged organisers of the event, Galway East independent TD Noel Grealish (55) from Carnmore in Galway, and former Fianna Fáil senator Donie Cassidy (76) from The Square, Castlepollard in Westmeath.
The two politicians are charged with having organised, or caused to be organised, an event that contravened a penal provision of a regulation made under Section 31A (1) of the Health Act 1947 as amended, to prevent, limit, minimise, or slow the spread of Covid-19.
John Sweeney (61), owner of the Station House Hotel in Clifden, and his son James (32), the general manager of the hotel, face the same charges.
The offence is punishable by a fine of up to €2,500 and/or six months in prison.
Deputy Grealish was captain of the Oireachtas Golf Society at the time of the event, while Mr Cassidy was president.