“The Linchpin”


From top: Supt Noel Cunningham, solicitor at Chief State Solicitor’s office Annemarie Ryan, Chief Superintendent Fergus Healy


At the Disclosures Tribunal.

The current witness Chief Superintendent Fergus Healy is being asked, among other matters, about the provenance of the Chief State Solicitor’s letter which was given to the O’Higgins Commission of Investigation on the morning of May 18, 2015 – after Judge Kevin O’Higgins asked counsel for the then Garda Commissioner Noirin O’Sullivan to set out in writing what exactly her counsel were going to put to Sgt Maurice McCabe after a legal row broke out on May 15, 2015.

Readers will recall that an allegation made in paragraph 19 of the CSS letter – about a meeting in Mullingar in August 2008 – was proven to be false by a tape recording produced by Sgt McCabe which was sorted out on June 24, 2015.

The paragraph stated:

“Having been appointed to investigate Sergeant McCabe’s complaint against Superintendent Clancy, now Superintendent Noel Cunningham, having attempted on a number of occasions to meet with Sergeant McCabe, eventually met with Sergeant McCabe by appointment on the 25th August 2008 in Mullingar Garda Station, to receive details of his formal complaint.

“Superintendent Cunningham was accompanied to this meeting by Sergeant Yvonne Martin. Notes were taken at the meeting and countersigned by Sergeant Martin and a detailed report of the meeting was prepared by Superintendent Cunningham, and its contents agreed with Sergeant Martin and forwarded to Chief Superintendent Rooney. In the course of this meeting Sergeant McCabe advised Superintendent Cunningham that the only reason he made the complaints against Superintendent Clancy was to force him to allow sergeant McCabe to have the full DPP directions conveyed to him.”

Chief Supt Healy has told the tribunal this morning that the wrong claim arose out of consultations between gardai and their counsel on May 12 and May 13, 2015 during which counsel were asking gardai ‘what triggered all of this’ ahead of the O’Higgins Commission of Investigation.

Readers should note that, on June 11, 2015, when submissions were made to the commission, on the part of the then Garda Commissioner Noirin O’Sullivan and senior gardai, this claim was repeated – more explicitly.

The submissions even went further, stating that “evidence” would be given in respect of this.

The submission stated:

It is understood that Superintendent Cunningham and Sergeant Martin will give evidence that Sergeant McCabe said at this meeting that the complaint which he had made was a bid by him to have the full DPP directions conveyed to him and to the complaining party. This is recorded in a report of the meeting prepared jointly by Sergeant Martin and Superintendent Cunningham.”

Kathleen Leader BL, for the tribunal, asked Chief Supt Fergus Healy this morning, if the submissions of June 2015 were submitted on behalf of the former Garda Commissioner Noirin O’Sullivan and other senior gardai and if they had been signed off by Ms O’Sullivan and other various clients.

He agreed.

Chief Supt Healy was also asked what Ms O’Sullivan knew at this point and she told the tribunal that she knew what he told her, which was that there had been consultations between gardai and counsel and that, at those consultations, counsel were told Sgt McCabe’s request for DPP directions to be given to D family was refused and that that was “linchpin” for “all these issues”.

On June 24, 2015, when Supt Cunningham gave evidence at the O’Higgins Commission of Investigation, after Sgt McCabe’s tape was produced, Supt Cunningham told Sean Gillane SC, for the commission, that his notes and report matched Sgt McCabe’s tape.

Further to this.

Yesterday, just as solicitor Annemarie Ryan, of the Chief State Solicitor’s office was finishing giving evidence, she had the following exchange with Ellen Gleeson BL, for Colm Smyth SC, Michael MacNamee BL, and Garret Byrne BL.

Ellen Gleeson: “Ms. Ryan, I think you indicated, Mr. McDowell asked you earlier to confirm that it was only when the record of the Mullingar meeting came to light that the error in the letter of the 18th of May was revealed?

Annemarie Ryan: “That is correct.”

Gleeson:But in fact, I think you had handed in to the Commission and I think also to Sergeant McCabe’s team, as I understand it, Noel Cunningham’s report of the September 2008 with the letter of the 18th May, you had made that available, I think you said earlier in your evidence on day 42, at page 140, that you had handed in those enclosures, including that report on that date?

Ryan:Yes. The 18th May 2015, I recall Mr. O’Hagan [solicitor for the commission] wanted the letter immediately and, as I said, I was late for other reasons getting over there, out of my control, and I gave the letter over, I was then copying the documentation, there was three documents and they followed within a couple of minutes, and the hearings commenced and I do recall a part — and then a copy of it I was directed to give it to Maurice McCabe’s legal team. My notes show I gave over three copies and with the letter, with the documentation and no other party received that letter or documentation.”

Gleeson: “Thank you. And the September 2008 letter, of course, referred to the complaint being to Superintendent Clancy, isn’t that right?”

Ryan: “Yes.”

Gleeson: “And would you agree, therefore, that the September 2008 report, which revealed that mistake in relation to the complaint against Clancy, was made available to everyone by your clients before the transcript of the Mullingar meeting was provided by Sergeant McCabe?”

Ryan: “Yes, it was. I received it directly from the clients that morning of the 18th of May 2015.”


To recap.

The tribunal has now heard the claim that Supt Cunningham’s report of the August 2008 meeting – which matched Sgt McCabe’s tape – was given to Sgt McCabe’s counsel on the morning of May 18, 2015, along with the CSS letter which contradicted the tape.

This would appear to be confusing.

Why then, did the Mr Smyth, SC, for former Garda Commissioner Noirin O’Sullivan and Supt Cunningham, put the wrong claim to Sgt McCabe when they had the following exchange on the afternoon of May 18, 2015 – if it was known that Supt Cunningham’s notes didn’t match the CSS letter and, as a consequence, contradicted the very allegation that Mr Smyth put to Sgt McCabe?

Smyth: In the course of that [August 2008] meeting, Sergeant, you advised Superintendent Cunningham that the only reason you made a complaint against Superintendent Clancy was to force him to allow you to have the full authority directions conveyed to you?

McCabe: “That is absolutely false.”



Previously:  “Drafted By Counsel, Circulated And Signed Off By The Client”

Maurice McCabe and the Chief State Solicitor’s Letter

Supt Cunningham And the Chief State Solicitor’s Letter

10 thoughts on ““The Linchpin”

  1. Catherine costelloe

    The corrupt hatchet ambush of Maurice was set in motion on weekend of 12th and 13th May. Chief State Solicitors office drafted a false account of Maurice’s motives from from that meeting and had it ready for Judge Higgins Mon 18th. The accurate notes of Supt Cunningham from August 2008 would have gone AWOL ( my take on it) but for Maurice having taped it. Ms Ryan said she gave over 3 copies of Supt Cunningham’s and Sgt Martins true statement of 2008 , intended for Maurice’s legal team…..as yet not confirmed they actually got it?!!!!!! Justice is a bloody face in this country. A garda today gets 3 years for disrespecting a person in DPP ‘s office. A Lithuanian who leaves Shane o Farrell dying at the side of the road walks free and an airline ticket paid by the taxpayer is gifted to his killer to Lithuania.
    This country is a corrupt shithole.

    1. italia'90

      Jayzuz Catherine, it quite clearly states above in Ms Ryan’s answer that the 2008 meeting in Mullingar and Cunningham’s report corroborate McCabe’s audio recording, which was produced after the contested submission by Smyth for O’Sullivan and the Gardaí. Your take on it seems to be a little hysterical and misleading, but we all make mistakes.

      – Gleeson: “And would you agree, therefore, that the September 2008 report, which revealed that mistake in relation to the complaint against Clancy, was made available to everyone by your clients before the transcript of the Mullingar meeting was provided by Sergeant McCabe?”

      -Ryan: “Yes, it was. I received it directly from the clients that morning of the 18th of May 2015.”

      The point of contention as I perceive it is where did the paragraph 19 of the CSS letter of June 2015 come from as there was no mention of it in the report from Cunningham? I am open to correction on that point if my “take on it” is as mistaken as yours is.
      As to you mentioning the nationality of the convicted felon, I have no idea what that has to do with anything? I just googled Shane O’Farrell and low and behold the first result comes form the journal dot ie. I’ll leave it up to others here to decide if you’re not just a teeny bit xenophobic. By the way, if you are familiar with the O’Farrell case, you might be aware that if the Gardaí had done their job properly that night and before, the incident might have been prevented completely. And if my Aunty had balls….
      (I’ve been in moderation here for 6 months, but your verbal puke is perfectly ok? – cheers Bodger)

      1. duzBme

        If Supt Cunningham notes submitted as his “sworn statement”15 May 2015 to O’Higgins Commission and Sgt McCabe recording are the same as reported, why then is Chief State Solicitor Eileen Creedon letter to O’Higgins Commission 18 May 2015 in “direct conflict” to #MauriceMcCabe recording?

        #OnlyForTheTape #DisclosuresTribunal

        Did State Fabricate the notes?

        1. realPolithicks

          Lets face it, at this point would any reasonable person trust anything that is said or produced as evidence by these bunch of crooks?

        2. Catherine costelloe

          Supt Cunningham signed the Chief State Solicitors letter TWICE that was submitted to
          Mr o Higgins. He had his own correct statement from 2008 so why on earth would he be required to sign a 3rd party statement ? Enough said.

          1. italia'90

            Why, indeed?
            (I’m just waiting for Jessica Fletcher, Colombo and Inspector Morse to get back to me on the different possible scenarios)

  2. Panty Christ

    All the despicable people in this case apart from McCabe are all puppets for the faceless State.

  3. duzBme

    Supt Noel Cunningham must be called to give his evidence to #DisclosuresTribunal. He has been involved from the very beginning of this conspiracy.
    2006 – Interviewed Ms D.
    2007 – Involved investigation Fr Molloy when computer went “missing”
    2008 – Met Maurice McCabe with Sgt Yvonne Martin Mullingar which McCabe taped #OnlyForTheTape
    2013 – Did not respond to HSE letter which would have cleared up Ms D complaint of 2006

    Remember The Disclosures Tribunal was set up specifically to investigate the Smear Campaign Against Maurice McCabe.

    There is absolutely no possibility of getting to what happened unless Supt Cunningham is called.

  4. michael walsh

    Emperor Charles, The Bert, Biffo, Enda, Fingleton, AIB/BoI, Angela Kerrins , St John of Gods , Console
    Elite Garda, 2x Ministers/Secretary General of MOJ, 2x Garda Commissioners.

    Yep, everything is still hunky Dory in our Banana Republic.

    Never mind Arthur Guiness Day
    How about a Joanne Hayes and Sgt Maurice week.

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