‘It Is The Norm For The State To Offer Representation For Him”

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Garda Commissioner Drew Harris (left)and former Garda Commissioner Martin Callinan

Further to yesterday’s Sunday Times report which outlined how the state plans to cover former Garda Commissioner Martin Callinan’s legal costs in an action taken by Garda whistleblower Maurice McCabe..

Taoiseach Leo Varadkar says the representation being offered to the former Commissioner is standard practice.

“As a former State employee who is being sued in the course of his work it is the norm for the State to offer representation for him,” said Mr Varadkar.

“That is not to say that he is being given an indemnity or anything like that, it is representation as regards the case.”

Normal practice for State to provide lawyers for Martin Callinan, says Varadkar (Irish Examiner)

Earlier…

According to senior sources, Mr Harris is seeking his own legal advice on the matter of Mr Callinan’s legal costs in light of the tribunal’s damning findings against the former commissioner.

Mr Harris is seeking advice on whether to he is bound by the decision of Mr Ó Cualáin to recommend that the State fund Mr Callinan’s defence. Depending on the advice, it may be open to him to ask the Minister to reverse his decision.

Garda Commissioner seeks to reverse Callinan’s legal funding (irish Times)

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17 thoughts on “‘It Is The Norm For The State To Offer Representation For Him”

  1. realPolithicks

    “As a former State employee who is being sued in the course of his work it is the norm for the State to offer representation for him,” said Mr Varadkar.”

    So is varadkar saying that that attempting to destroy the reputation of a member of the force that callinan was leading is something that fell into “the course of his work”. Only in Ireland would such a premise be put forward, the Irish authorities should be paying for Sgt. McCabes legal costs and PROSECUTING callinan!

  2. Eoin

    Does anyone understand the rationale for the State providing legal support to the ex-Garda Commissioner Martin Callinan?

    Sgt McCabe is suing Martin Callinan personally on a civil matter, not a criminal matter.

    S49 of the 2005 Garda Siochana Act refers to the State providing legal support for Gardai in *criminal* proceedings. Maybe I’m missing it, but I can’t find any reference in the 2005 Act to the State providing legal support in *civil* proceedings.

    Anyone?

    http://www.irishstatutebook.ie/eli/2005/act/20/enacted/en/print#sec49

    And separately, Sgt McCabe started these proceedings on 13 March 2017 where he is suing a number of people including the Garda Commissioner and separately, Martin Callinan personally. It was 18 July 2018 when Maria Browne, the state solicitor came on record to defend Martin Callinan. Apparently, that followed a request by the acting Garda Commissioner, Dónall Ó Cualáin to the justice minister, Charlie Flanagan.
    Of course, in July 2018, Judge Peter Charleton hadn’t delivered his report which found that Callinan had smeared Sgt McCabe and, on the basis that Judge Charleton believed several witnesses whose accounts of encounters contradicted Callinan, inescapably implied Callinan was not being truthful with the Tribunal under oath.

    HOWEVER, by July 2018 when the state solicitor came on record for Callinan at our expense, it was clear to anyone that at least four witnesses, John McGuinness TD, John Deasy TD, Comptroller Seamus McCarthy, journalist Philip Boucher-Hayes were directly contradicting Callinan at the Charleton tribunal. It was in these circumstances that Charlie Flanagan gave the green light for the State to legally support Callinan personally. For those with a dim view of the man, that is typical of Charlie Flanagan, (who still hadn’t met Maurice McCabe last time I checked). It stinks.

  3. Martco

    Not much leaves me flabbergasted.
    Even Brexit is understandable to a degree, bonkers but understandable.
    How is this even feasible? The —-t tried to frame him in the most heinous way. He should go to prison.
    Flabbergasted.

    1. Dr.Fart MD

      i feel the same. and when i read things like this, the line runs through my mind “callinan tried to convince the world that mccabe raped his own daughter” .. that line which is a fact. and it doesn’t phase people like varadkar who casually gives this response, even tho he also knows that line to be true.

  4. Catherine costelloe

    It was Purcell from Justice texting Callinan asking “How did you get on with JMG?” That was reference to Callinan meeting John MC Guiness in effort to stop Maurice going before PAC. Justice Dept have dirty paws all over this shambles. Outrageous.

  5. Giggidygoo

    So the course of Callinan’s ‘work’ was to lie but also the spread vile untruths. Sums up the likes of Flanagan and his mates

  6. CoderNerd

    What else did O’Cualain do as acting commish except decide no punishment for the fake breath tests, get Callinan state representation for labelling a serving member as a kiddie fiddler, and fail to remember any crucial details regarding Noirin O’Sullivan’s coming and goings?

  7. phil

    Those words you sometimes hear, ‘not in the public interest’ , I reckon someone could use those words in this circumstance …

  8. Vanessa off the Telly

    Not in the slighest bit surprised
    didn’t we pay Lowrys
    I don’t agree with a bit of it
    and if I was head of finance in the Dept of Justice/ AGS I would object
    but the lads would just go and agree to it anyway

    It would be interesting to note what advice Drew Harris gets
    But really what I’m more interested in
    is who is he going to for it

  9. Truth in the News

    It is doubtful if the State can give lindenity for legal costs in respect of civil proceedings where previous
    employees or servants of the state instigate legal proceedings in a civil matter, if it were criminal case
    is there not Legal Aid…..needles to say the concept of this is quite “disgusting”

  10. anne

    “Fucking headbanger” I hear Callinhan referred to McCabe On RTEs programme tonight about McCabe.

    Callinhan is one corrupt piece of poo.

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