All charges relating to an Oireachtas golf society dinner in August 2020 have been dismissed after three days of evidence.
Galway West TD Noel Grealish, former senator Donie Cassidy, and John and James Sweeney, who own the Station House Hotel in Clifden, had been on trial at Galway District Court.
They were charged with breaching regulations aimed at preventing the spread of Covid-19.
Judge Mary Fahy said she was satisfied that the gatherings that took place at the Station House Hotel on 19 August 2020 happened in two different areas and did not constitute a breach of the regulations in place at the time.
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She said those in attendance were "responsible people" who would not have gone to dinner if they did not feel everything was in place to adhere to the guidelines.
Judge Fahy said as a result of the dinner "very good people lost very good positions and contracts".
She was satisfied that the organiser did everything in conjunction with hotel management to comply with the rules and threw out all the charges.
Afterwards, representatives for the acquitted men said they were pleased with the outcome.
Speaking after the verdict was delivered, Mr Grealish's solicitor Shane MacSweeney said his client was relieved to have been acquitted of the charges and welcomed the outcome of the trial.
Mr MacSweeney said his client "regrets that people found the events - or reportage with regard to the events - that occurred in Clifden hurtful but he is absolutely satisfied that he did no wrong and that was the judgment of the court in the matter".
He added that the last two years had been stressful for Mr Grealish and said he was now looking forward to putting the matter behind him and getting on with the important business of serving his constituents.
Mr Cassidy said he was delighted to be vindicated.
He thanked his family and his legal team and quoted his late mother, saying "the truth always wins in the end". He said he was grateful to Judge Fahy for that happening.
He also called for those who had lost positions as a result of the fallout from the event to be reinstated.
"A lot of friends lost their positions in life, serious positions that had taken 25 and 30 years to put there. I hope the people who made the 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."
Asked if, with hindsight, the dinner should not have taken place, Mr Cassidy replied that "I can honestly say that everything we did was totally compliant and I think Judge Fahy has vindicated us here today with her decision."
Before the verdict was delivered, legal representatives for Mr Grealish claimed the evidence presented against him was "nowhere near remotely acceptable" to secure a conviction.
In his concluding remarks, Michael McDowell SC said the country "nearly melted down with anger" in the aftermath of the dinner.
Mr McDowell said there could be nothing more serious for Mr Grealish than having to face these proceedings. "Nothing could be graver" to be accused of wantonly breaching public health guidelines.
But he said nobody who attended the dinner committed an offence or breached the regulations that were in place at the time.
Mr McDowell contended that it was "abundantly clear" that it was possible to have two gatherings in one hotel provided they were in separate spaces.
He said it appeared that somebody in the DPP's office wanted to institute a prosecution against Mr Grealish. But he claimed there was no evidence to secure this.
Earlier, prosecuting barrister, Eoghan Cole, accepted that none of those who attended or worked at the event had referred to Mr Grealish as an organiser.
Nonetheless, the prosecution said he failed to comply with the restrictions because the event was held indoors and there were more than 50 people in attendance.
Mr Cole said the "event organiser" definition was "in relation to a person who arranges, publicised, manages or organises" a gathering.
In this regard, he said the content of the invitation that was sent to participants spoke to Mr Grealish’s status as an organiser of the event.
Earlier, the court heard from former minister of agriculture Dara Calleary, who said that he was asked to speak at the event and was confident that all guidelines would be adhered to.
Mr Calleary, who resigned over his attendance at the event, said he did not play golf and was not a member of the golf society that organised the event.
The Fianna Fáil TD said he was asked to speak at the dinner to give a tribute to the late Mark Killilea.
Mr Calleary said: "It was clear every precaution was being made in relation to Covid-19 guidelines.
"We were reminded of the hotel's Covid policies at check in and we were met by John Sweeney on our arrival … He was very active in ensuring that his venue was being safe."
During dinner later that evening, Mr Calleary said he was very conscious "that within the room we were in, everybody was very compliant".
He estimated that around 45 or 46 people were in the room.
There was a very large partition in the room, floor or ceiling, with a small gap in it. He said this allowed him to see into the other part of the room during his speech. Only then did he see where other attendees were seated.
Mr Calleary said the event was "very perfunctory … there was a sense of getting it done and getting it done safely".
When the speeches ended, he exchanged greetings with a few people and went back to his room before midnight.
Mr Grealish, Mr Cassidy, and John and James Sweeney, were all charged with organising - or causing to be organised - an event that was in breach of the Health Act, as amended by emergency legislation in 2020.
Attendees paid €140 to cover two days green fees and a 'gala dinner' to be served in the Kylemore Suite of hotel, at 8.30pm on the concluding day of the event.
The interpretation of guidelines in place at the time of the alleged offence, regarding such gatherings, was the subject of discussion between the prosecution and defence legal teams today.
In his opening remarks this morning, prosecuting barrister Eoghan Cole told the court that the State would accept the guidelines as a defence exhibit, without the need for a witness to be called.
But defence legal teams expressed concern at conflicting indications provided to them about this, in recent days.
Judge Mary Fahy said the "late hour" on which it was decided the guidelines did not have to be proven, left a lot to be desired.
Gardaí 'denied' access to CCTV
Inspector Peter Conlon, who led the investigation into the gathering, told the court that investigating gardaí took 31 statements from people who attended the dinner. Gardaí spoke to a further 20 attendees, who declined to make statements.
Under cross-examination by Colm Smyth SC, for Mr Cassidy, Inspector Conlon said he became aware of the gathering from media reports. He did not visit the premises as part of his investigation but a number of his colleagues had done so.
Inspector Conlon said efforts were made to access CCTV footage in the days following the dinner.
He said this was not provided on request and the hotel advised gardaí that any further request should go through their legal representatives.
Mr Cole said the State had "no power to get it [CCTV] and were denied access to it".
He also told Judge Fahy that requests by gardaí to map the premises were also declined.
But Edward Walsh SC, for John Sweeney, said it was important to note elements from a statement made by Garda Sergeant Patricia Grady, who visited the hotel on Friday 21 August 2020.
Sgt Grady asked to view the footage but was informed there was nobody available to show it and, further, that there was no CCTV in the function room.
The court heard gardaí had no legal authority to seek the footage.
Mr Walsh suggested a guest in a hotel would be alarmed to think that gardaí could simply walk in to view security camera footage at any stage.
"God knows what they might see," he said.
Mr Smyth then asked Inspector Conlon about media reports surrounding the investigation.
On 17 February 2021 - the day the application was made for the summons in this case - an article in the Irish Independent reported that gardai were to prosecute Mr Cassidy, Mr Grealish and John and James Sweeney.
Mr Smyth asked who was the "garda spokesman" quoted in the article.
Inspector Conlon replied: "I did not leak information to anyone."
Mr Smyth asked had there been any investigation as to how the information was leaked to the media before the accused were formally made aware.
Inspector Conlon said the information "may have been given in the correct fashion by the Garda Press Office".
He said all four defendants were telephoned on the day the DPP provided directions, to tell them that charges were being brought against them. They were told that summons would follow in due course.
Inspector Conlon said four individual gardaí made the four phone calls "at the exact same time" so that all defendants would know simultaneously.
He was "very cognisant" of the need to make the defendants aware and wanted to ensure there was no time lag between the calls to each of the accused.
Mr Calleary and former European commissioner Phil Hogan both attended the dinner and subsequently resigned their positions.
Six Fianna Fáil and Fine Gael senators lost the party whip but have since been readmitted.
Supreme Court Judge Seamus Woulfe also attended the event.
However, a report by former Chief Justice Susan Denham found that he "did not break any law or knowingly breach any guidelines" and that it would be "unjust and disproportionate" to seek his resignation.
