The Garda Commissioner has apologised in the High Court to a man who had sued after an image containing his name, address and photograph on a Garda notice board in a Dublin station ended up on social media.
In an apology read to the High Court as Jonathan Berry settled proceedings against the Garda Commissioner for a substantial sum, it said the commissioner wished to make it clear that Mr Berry “is not and never has been a criminal and has no convictions of any kind for any offence”.
Mr Berry from Ballyfermot, Dublin, had launched defamation proceedings against the Garda Commissioner after an image containing his name and photograph on a Garda notice board was circulated on social media in 2019.
Mr Berry, who is represented by O Brien & Co Solicitors, claimed that a person believed to be a contractor employed by the Gardaí was permitted access to a room in Kilmainham Garda Station, which contained briefing bulletins.
It was claimed that one bulletin displayed Mr Berry’s details, including his photograph, name and address. It was further claimed the Garda briefing bulletin suggested Mr Berry was an alleged active criminal.
In the High Court on Tuesday, Mr Justice Alexander Owens was told the case had been settled and an apology on behalf of the Garda Commissioner was read to the court.
In the apology the Garda Commissioner said the suggestion that Mr Berry was an alleged active criminal “was and is false and is highly defamatory of him”.
It added: “The Garda Commissioner wishes to make it clear that Jonathan Berry is not and never has been a criminal and has no convictions of any kind for any offence.
“The Garda Commissioner wishes to apologise to Mr Berry for the damage which the above suggestion has done to his reputation and for the upset and distress which it has caused.”
It also said it had been agreed to pay Mr Berry substantial damages as well as costs.
In the proceedings, it was claimed a contractor took a picture of the bulletin board and the photograph appeared on WhatsApp and online.
Mr Berry claimed the republishing of the photograph by the person who allegedly took it and by others who disseminated the material amounted to a breach of his privacy and is defamatory.
The alleged breach was later the subject of several media reports. As a result of the publication, Mr Berry sought damages for defamation and a breach of his privacy against the Garda Commissioner.
