GP Tony Margiotta Initiates Legal Action Against Gardaí for Malicious Prosecution

Dr. Tony Margiotta, a general practitioner, has filed a lawsuit against An Garda Síochána for malicious prosecution following a fraud trial that collapsed. The case stems from allegations that he issued fraudulent sick notes to his sister, Lynn Margiotta, who was a civilian employee of the Gardaí.

The controversy began in July 2014, when Lynn Margiotta was arrested at her home in Navan by officers from the Store Street Garda Station. This arrest was part of an investigation into the procurement of sick notes under fraudulent pretenses. Lynn had been absent from work several times in the preceding six months due to the unexpected death of her mother. Notably, just two weeks before her arrest, she lodged a workplace complaint alleging bullying against a Garda sergeant.

In 2015, Lynn Margiotta faced a second arrest. Documents reviewed by the Irish Examiner indicate that no new evidence was presented during this subsequent arrest. Officers showed her various doctors’ certificates—available to the Gardaí prior to her first arrest. Both siblings were charged in 2017 with seven counts of issuing false medical documents.

The case proceeded to trial at the Dublin Circuit Criminal Court in March 2019, but it collapsed within days. The presiding judge determined that Lynn Margiotta’s rights had been infringed upon by the Gardaí. During the trial, a Garda Superintendent testified that Lynn had indeed been ill during the periods she submitted sick notes, but the focus of the case was on how those notes had been obtained. Dr. Tony Margiotta, serving as a locum GP at the time, was qualified to issue such notes and utilized the stamp of the resident GP who was absent.

While Lynn Margiotta initiated legal action against An Garda Síochána following her arrest, her brother’s lawsuit has been filed through solicitor Kevin Winters. After the collapse of the criminal trial, the Medical Council began its own proceedings to assess whether Tony Margiotta should face a fitness-to-practice hearing. This process has been ongoing for nearly six years, initiated after the Gardaí contacted the council regarding the investigation.

The complaint of bullying made by Lynn Margiotta prior to her arrest was not pursued further, and she was not asked about it once the criminal investigation commenced. According to reports, she was not contacted regarding her complaint, a standard procedure in handling industrial relations matters. Subsequently, Lynn Margiotta resigned from An Garda Síochána.

Currently, Dr. Tony Margiotta is employed in a public health role. When approached for comments on the case, he stated that he was not in a position to provide details.

The outcome of this legal battle remains to be seen, but it highlights the complex interplay between law enforcement and the rights of individuals within the system.