Tag Archives: transcript

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RTÉ crime correspondent Paul Reynolds on RTÉ’s Six One earlier this evening

Earlier this evening.

RTÉ crime correspondent Paul Reynolds reported that he obtained new documents in relation to the exchanges between Garda Commissioner’s senior counsel Colm Smyth and Judge Kevin O’Higgins during the Commission of Investigation into Sgt Maurice McCabe’s complaints.

Mr Reynolds reported that the documents show Mr Smyth told the judge he was instructed, by the Commissioner, to challenge the ‘motivation and credibility’ of Sgt Maurice McCabe.

This, Mr Reynolds reported, was because Ms O’Sullivan had to consider the welfare of all of the gardai not just Sgt McCabe.

Grab a tay.

Mary Wilson: “Paul Reynolds, what’s going on?”

Paul Reynolds: “Well. OK. This controversy began last week when it was reported that the Garda Commissioner’s legal team was going to claim that Sgt Maurice McCabe was motivated by malice. This was in marked contrast to the Commissioner’s public statements in support of the Garda whistleblower.”

“Now we have seen documents today which show that, early in the Commission’s hearings, the Commissioner’s senior counsel said that, quote, his instructions from the Commissioner were to challenge the integrity of Sgt Maurice McCabe. Now the judge put that issue to one side, so if you can think of that as an earlier hearing.”

Wilson: “OK.”

Reynolds: “And that was brought up later in the proceedings in the hearings of the Commission. In fact, just before the Garda Commissioner was due to give evidence. Now. The Garda Commissioner came in to give evidence and the judge sought clarification on this issue.”

“Now the Commissioner’s senior counsel then told Mr Justice Kevin O’Higgins that, quote, my instructions at all times were to challenge the motivation and credibility of Sgt Maurice McCabe.”

Senior counsel Colm Smyth also said that it was on an error on my part when he said, earlier, that his instructions had been to challenge the integrity of Sgt McCabe.

“So he said that he made a mistake at the earlier hearing when he said he was challenging his integrity. But he said they were going to challenge Sgt McCabe’s motivation and credibility.”

“But, specifically, they were going to challenge his motivation and credibility in relation to his allegations of corruption and malpractice. Now you know that, sorry, we know that Sgt McCabe made serious allegations of corruption against five senior officers including the former Garda Commissioner Martin Callinan.”

“So, the Garda Commissioner’s legal team was going to challenge his motivation and credibility in relation to this. Senior counsel for the Garda Commissioner told the judge that Sgt McCabe had, quote, alleged corruption on the grand scale against the five senior officers and that he had been invited to withdraw the allegations of corruption against Martin Callinan but he had refused to do so.”

“Now, as we know, the commission’s report came out last week and found there was no evidence to substantiate any of the allegations of corruption against any of the gardaí and not a scintilla of evidence to support Sgt McCabe’s allegations of corruption against the Commissioner.”

“So the Garda Commissioner’s senior counsel also pointed out the reason why he was challenging the motivation and credibility of Sgt McCabe on these points, he said he was doing this on behalf of Nóirín O’Sullivan because she had to consider the welfare of all of the gardai not just Sgt McCabe. She had a concern for his welfare and his concerns, but she also had a concern for the other officers, the other officers against whom the allegations were made. They were also under her control and, quote, that she had to hold the balance.”

Wilson: “Ok, a lot of detail there, Paul, if we pick our way through it, I take it you’ve had sight of certain material. We know that other material that other reporters had sight of has made its way into the newspapers.”

“At this stage, without challenging the rights and wrongs of either sets of documents that you’ve all seen and what they say or don’t say, how is this going to be all cleared up, once and for all? Does it require the commission chairman to come out and make a clear statement?”

“Because we’re talking here, not about the evidence, if I’m correct, but about the case that’s being set out by the lawyers. A lawyer would come into a courtroom or before a commission and say, the case I’m going to make is this, they set out their stall.”

“So does it require the commission chairman to make a statement, to clarify it for once and for all, or does it require the lawyers to come out and clarify for once and for all about what went on?”

Reynolds: “Well, these documents are essentially clarification documents and they do tend to clarify it because if you look, just to go further, in relation to that allegation of malice – and that’s the one that’s been subsuming people and politicians over the last week – Colm Smyth, the senior counsel for the Garda Commissioner told the judge that the Commissioner never claimed that Sgt McCabe was motivated by malice and he said, ‘I never used the words mala fides’. He said, ‘those were the words that in the first instance came from Mr McDowell’, that’s Michael McDowell, senior counsel who was representing Maurice McCabe, his legal representative.”

“He also said that the word ‘malice’ was introduced, or the words mala fides were introduced by yourself, the judge, in interpreting what my instructions were. So he said that the Garda, that he never used the word malice or mala fides and neither did…he never used them on behalf of the Commissioner, the words were used by the judge and by Michael McDowell, who was representing Maurice McCabe.”

Wilson: “But then, sorry, Paul, just to be clear. Colm Smyth we’re talking about here, the senior counsel, what was he going in to clarify when he went back before the commission then?”

Reynolds: “You see what happened was, at this later hearing, the judge read a transcript to Colm Smyth from the earlier hearing. And at the earlier hearing the word ‘malice’ was used twice by the judge when he put the transcript, the earlier transcript to the senior counsel, and the senior counsel.”

“And the senior counsel in the transcript of the earlier hearing replied, ‘so be it, that is the position judge’. However the issue had been left to one side so this later hearing clarifies that when the judge reads the transcript back to Colm Smyth and he says, the senior counsel on behalf of the Garda Commissioner, he clarifies this by saying, ‘I never used the words mala fides’ and after he clarifies it, the senior counsel for the Commission, Sean Gillane stands up and says, ‘let me clarify this’ and he says, quote, “no case was being made that Sgt McCabe either lacks integrity or acted mala fides in bringing his complaints”.”

Wilson: “OK”

Reynolds: “So he clarifies it and the judge accepts this and he says, oh, this clarifies the position, and the judge’s final word in the exchange is, ‘good, well that is clarified’ so the judge accepts the bona fides of Colm Smyth acting on behalf of the Garda Commissioner and accepts the clarification and Noirin O’Sullivan then gives her evidence.”

Right so.

Listen back in full here

Previously: No Absence Of Malice

UPDATE:

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Katie Hannon and David McCullagh on RTÉ’s Prime Time tonight

Meanwhile, also earlier tonight, journalist Katie Hannon revealed sections of transcripts from the O’Higgins Commission of Investigation in May and November, on RTÉ’s Prime Time.

The following are the sections reported by Ms Hannon:

Colm Smyth SC: “I have instructions from the Commissioner, Judge. This is an inquiry dealing with allegations of malpractice and corruption on a grand scale by members of An Garda Siochana.”

Judge Kevin O’Higgins: “No. This part of the inquiry…”

Smyth: “I appreciate that but my instructions are to challenge the integrity of Sgt McCabe and his motivation.”

O’Higgins: “The integrity?”

Smyth: “His motivation and his credibility in mounting these allegations of corruption and malpractice.”

O’Higgins: “…An attack on somebody’s credibility and his motivation or integrity is something that really doesn’t form part of this inquiry. It would be necessary for you to go further and say that the complaints and the actions of Sgt McCabe were motivated by… that is motivation was dishonest or wrong.”

O’Higgins: “…In other words that he made these allegations not in good faith but because he was motivated by malice, by some such motive and that impinges on his integrity. If those are your instructions from the Commissioner, so be it.”

Smyth: “So be it. That is the position judge.”

O’Higgins: “Those are your…”

Smyth: “Yes. As the evidence will demonstrate judge…[later] this isn’t something I’m pulling out of the sky, judge, I mean I can only acting on instructions.

Later

O’Higgins: “But you are attacking his motivation and you are attacking his integrity?”

Smyth: “Right the way through.”

O’Higgins: “Full stop.”

Smyth: “Yes. Full stop.”

Later

Smyth: “My instructions are reconfirmed.”

O’Higgins: “Very good. Your instructions as I understand them are that Sgt McCabe acted as he did for improper motives.”

Smyth: “Yeah.”

O’Higgins: “Okay and that his integrity is being challenged in that respect.”

Smyth: “In that respect.”

O’Higgins: “Okay, fine. So be it.”

Later in November, on the day Garda Commissioner Noirin O’Sullivan is due to give evidence – by which time Sgt McCabe had produced a transcript of his meeting in Mullingar with two gardaí

Smyth: “As far as the Commissioner was concerned at all stages I had instructions to challenge Sgt McCabe in relation to motivation and credibility.”

O’Higgins: “And integrity?”

Smyth: “No. There was no mention of integrity.”

Later

Smyth: “…that is an error on my part.”

O’Higgins: “Well that is the clarification I sought. So the position now is that his motive is under attack, credibility is under attack from the Commissioner. But not his integrity.”

Smyth: “Just to be clear about it. The credibility in so far as he made these allegations of corruption and malpractice. There is no question about that.”

Later

Smyth: “Judge, the Commissioner has a duty of care to all members. She wasn’t acquiescing. She has to hold the balance between, on the one part she has Sgt McCabe who she has a concern for and his welfare and on the other hand she has a concern for the Superintendents who are under her control. She has to hold the balance. She cannot come down on the side of Sgt McCabe and say I agree with everything he says without challenge.”

Watch Prime Time back in full here

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From top: Former Justice Minister Alan Shatter and former Garda Commissioner Martin Callinan; former Garda Confidential Recipient Oliver Connolly; Sgt Maurice McCabe;

You may recall a post from February 18, 2014 containing a transcript of a conversation between former Garda Confidential Recipient, Oliver Connolly and Garda whistleblower Sgt Maurice McCabe on February 9, 2012.

A day after the transcript was published, Mr Connolly was sacked.

The conversation between the two men came after Sgt McCabe had given Mr Connolly a report containing a number of allegations of Garda wrongdoing.

During the meeting Sgt McCabe was told that the then Justice Minister Alan Shatter had referred his complaints to Garda Commissioner Martin Callinan and that no further action would be taken.

Mr Connolly told Sgt McCabe:

“I’ll tell you something Maurice and this is just personal advice to you. If Shatter thinks your screwing him, you’re finished… If Shatter thinks it’s you, if he thinks or is told by the Commissioner or the Gardaí here’s this guy again trying another route trying to put pressure on, he’ll go after you.”

He also told Sgt McCabe:

“What I’ll say to you is, [your report] went to the Department of Justice and that annoyed the Commissioner greatly. I’m sure it’s going to be an embarrassment for the Gardaí, a disaster for them and listen if your complaints are exposed to the print media it will make him an angry man.”

Broadsheet posted the full transcript after excerpts were read into the Dáil by both Independents 4 Change TD Mick Wallace and Fianna Fáil leader Micheál Martin.

Readers may wish to note that this is what former High Court judge Kevin O’Higgins concluded in relation to that transcript, in his Commission of Investigation which was published yesterday:

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Seems legit.

Read the full O’Higgins report here

Previously: ‘The Truth Has Been Established’

Garda Confidential

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In the Dáil yesterday, during the second stage of the Protected Disclosures Bill 2012, Independent TD Mick Wallace read into record sections from a transcript between Garda whistleblower Sgt Maurice McCabe and the Garda Confidential Recipient, Oliver Connolly.

The conversation between Sgt McCabe and Mr Connolly took place two years ago.

Mick Wallace: “It is frightening. Just to read two lines from it: ‘I tell you something, Maurice, and this is just personal advice to you, if [Justice Minister Alan] Shatter thinks you’re screwing him, you’re finished.’ Another line: ‘If Shatter thinks – ‘here’s this guy again, trying another route, trying to put pressure’ – he’ll go after you’. He’ll go after you? Our Minister for Justice? What is going on?”

Meanwhile, Sgt McCabe’s request to obtain a transcript of his private meeting with the Public Accounts Committee last week was discussed at a meeting of the PAC this morning.

And Daniel McConnell tweetz (read from bottom up):

PAC

Garda whistleblower wants copy of private penalty points testimony, but PAC unlikely to give it to him (Independent.ie)

Troika (EU, ECB & IMF) representatives, and Barbara Nolan, head of the European Commission representation in Ireland, held a press conference on the latest bailout review this afternoon.

Participants:
Klaus Masuch, head of EU Countries Division at the European Central Bank
Istvan Szekely, director of economic and financial affairs at the European Commission
Craig Beaumont, mission chief for Ireland at the IMF.
Barbara Nolan, head of the European Commission representation in Ireland.

Early in the conference, Istvan Szekely said: “I’m impressed by the depth of the discussion in Ireland and the understanding of complex, economic financial-sector issues, which is revealed by looking into the Irish place, looking into the discussion. But also when I come from the airport with the taxi driver they are often very very informed I must say, very very informed.”

[LATER]

Vincent Browne: “Klaus Masuch, did your taxi driver tell you how the Irish people are bewildered that we are required to pay unguaranteed bondholders billions of euros for debts that the Irish people have no relation to or no bearing with, primarily to bail out or to ensure the solvency of European banks? And if the taxi driver had asked you that question,hat would have been your response? That’s my first question.”

Barbara Nolan: “Well, well, well, can we take a couple together? Can you ask the second question?”

VB: “Well, my second question is a completely different issue and it may have a follow-through if Mr Masuch doesn’t answer the question in a way that would illuminate the taxi driver’s understanding of all this, I would have a follow-through question.”

Nolan: “Right, can I ask you then to pass the mic, and we’ll come back to you for the second question?”

Browne: “Well, if you don’t mind, that’s a way of breaking up the exchange, and I would prefer if it went this way: We’ve a tradition in Irish journalism that we pursue issues and that when somebody doesn’t ask [answer] a question we follow through on it and I hope that tradition will be respected on this occasion. So could you answer the question?”

Masuch: “I have answered a very similar question of you – I think it was two reviews ago – and can…”

Browne: “[inaudible] the question”

Masuch: “… and I answered it. I can understand that this is a difficult decision to be made by the government and there’s no doubt about it but there are different aspects of the problem to be, to be balanced against each other and I can understand that the government came to, came to the view that, all in all, the costs for the, for Irish people, for the, for the stability of the banking system, for the confidence in the banking system of taking a certain action in this respect which you are mentioning could likely have been much bigger than the benefits for the taxpayer which of course would have been there. So the financial sector would have been affected; the confidence of the financial sector would have been negatively affected, and I can understand that there were, that there was a difficult decision but that the decision was taken in this direction.”

Browne: “That, that… Well, that doesn’t address the issue. We are required to pay, in respect of a defunct bank – that has no bearing on the welfare of the Irish people at all – we are required to pay in respect of this defunct bank, billions on unguaranteed bonds in order to ensure the health of European banks. Now how would you explain that situation to the taxi driver that you talked about earlier?”

Masuch: “I think I have addressed [looking to Barbara Nolan] the question.”

Browne: “No you haven’t addressed the question because you referred to the viability of the Irish financial institutions. This financial institution I’m talking about is defunct. It’s over. It’s finished. Now, why are the Irish people required, under threat from the ECB, why are the Irish people required to pay billions to unguaranteed bondholders under threat from the ECB?”

Masuch: [silence]

Browne: “You didn’t answer the question the last time so maybe you’ll answer it this time.”

Masuch: [mutters to Barbara Nolan]

Nolan: “Well, I think he doesn’t have anything to add to what he’s already said. Can I.. [pointing at another questioner]”

Browne: “Well, just a minute now. This isn’t, this isn’t good enough… You people are intervening in this society causing huge damage by requiring us to make payments not for the benefit of anybody in Ireland but for the benefit of European financial institutions. Now, could you explain why the Irish people are inflicted with this burden?”

Manusch: “Well, I think I have addressed the question.”

Browne: “You’ve nothing to say. There’s no answer, is that right? Is that it? No answer?”

Manusch: “I have given an answer”

Browne: “You have given an answer that didn’t address the question.”

Nolan: “That’s your view.”

Browne: “That is my view and I think it would be the view of the taxi driver and a few of our viewers tonight.”

Nolan: “Right. Can we please move on?”

Earlier: Vincent Browne In Da House (Video)

(Laure Hutton/Photocall Ireland)

http://www.youtube.com/watch?v=kY84MRnxVzo

The original Wikipedia synopsis of Baby Got Back by Sir Mixalot – long since removed ‘by Wikinazis’, but still alive and well in screen-grab and transcript form for teh lols.

The song opens with two young females discussing the physical appearance of a third female, in particular her buttocks, which they find unfathomably large.

In the opening verse, Sir Mix-a-Lot professes his affinity for large buttocks and his inability to disguise this fact from others. He goes on to describe other desirable physical attributes, such as a trim waistline, tight-fitting garments, and unblemished skin. Though the song does not contain a distinct narrative, the author does visit recurring themes, such as female body image as depicted in media, male attitudes toward dating and relationships, and the author’s own sexual prowess.

In later verses he expresses his exasperation with the entertainment industry’s portrayal of the ideal female form. He soundly rejects the notion promulgated by fashion magazines that diminutive buttocks are more desirable. His critique of the women who appeared in contemporary music videos is particularly scathing, likening their appearance to those of prostitutes. To further illustrate his point, he stipulates that the purported ideal proportions of 36-24-36 (measuring the bust, waist, and hip circumferences respectively) would only be pleasing on women with a standing height no greater than 63 inches.

Mix-a-Lot also briefly touches upon the roles that ethnicity, nutrition, and physical fitness play in determining the shape and size of the female buttocks. He recommends that any exercises performed should be limited to the abdominal area. He cautions against a fitness routine strenuous enough to diminish the heft of the gluteal muscles. Though he offers no broad dietary guidelines, Mix-a-Lot contends that the dish “red beans and rice” is an important food staple for maintaining healthy buttocks.

Various lyrics address the fact that some men find no intrinsic value in large buttocks and consequently express a lack of interest. Mix-a-Lot makes clear that he would eagerly strike up relations with any woman overlooked or discarded by such men. The remainder of the vignette is fleshed out by the author’s attempts to entice women into enjoying a ride in his luxury automobile.

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