Tag Archives: Alan Shatter

oliver[Oliver Connolly and Alan Shatter]


The issue had been raised in the Dáil yesterday by Fianna Fáil TD John McGuinness who said a female member of An Garda had contacted him about the issue. The Carlow-Kilkenny TD said the confidential recipient Oliver Connolly told her “the last man who used the service was now washing cars in Navan”.Mr Shatter said however the only knowledge he had of the issue was what Mr McGuinness said yesterday and on RTÉ radio this morning. “I don’t have knowledge of the conversations the confidential recipient has with members of An Garda Síochána, ” he told Fianna Fáil justice spokesman Niall Collins.

Shatter had ‘no knowledge’ of Garda claims of sex harassment (irish Times)

“I find the whole thing a complete mystery, I have absolutely no idea what Mr. Connolly was thinking.
“To be quite frank with you, I’m utterly astonished at some of the commentary that has now come into the public arena. I don’t understand why he conducted himself in that way.”

Shatter ‘astonished’ at comments by Oliver Connolly to whistleblower (Highland Radio)

(Photocall Ireland)

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http://www.youtube.com/watch?v=pvlBSd2Xwbo&feature=youtu.be

Independent TD Mick Wallace addressing Justice Minister Alan Shatter earlier today.

Mick Wallace: “Fine Gael used to pride itself as the party of law and order. How, in god’s name, can they still stand over that. You avoid using strong legislation, in order not to seek out the truth, not to reveal it. You don’t ask, you wouldn’t ask the [Garda] Commissioner [Martin Callinan] if he actually engaged in lawful surveillance, in case you might be told something that you had to stand over, you didn’t want the answer. You wouldn’t ask G2 the same question. You wouldn’t even ask him what did it do to check to see if there’s any rogue elements in their organisations that may have engaged in unlawful surveillance. You didn’t want the answers, minister. GSOC begged for the PULSE system, after the Boylan report and annual report, you refused to give it to them, you refused to give it to them in September. You gave it to them a few weeks ago under political pressure. You wouldn’t allow GSOC look at penalty points, but you allowed [section of Garda Síochána Act] 102 but not [section] 106 [which would have allowed GSOC to investigate practices, policies and procedures] of course, under political pressure. Minister, your prime motives are political survival, your prime motives have very little to do with the administration of justice, I’m sad to say. Now, there’s so many things that have gone on in this State, for a long time, that leave so much to be desired. And minister, it was happening long before your time but I am disappointed they is still no appetite for the truth.

Gemma O’Doherty lost her job in the [Irish] Independent because she had the audacity to challenge the Commissioner, the audacity. We got an email this morning, from a nephew of Fr Molloy’s, someone that Gemma O’Doherty has done a lot of research on. Here’s what he said in it. You mightn’t want to hear it, minister. He said: ‘For almost 30 year, people have hidden behind a wall of silence, deceit, corruption and cover-up. Time for the light of justice to shine on them and reveal them to the people for what they are. Many, many people have gone to their graves overshadowed by this heartache. Minister, if you are going to stay in power and the Commissioner is going to stay in place than I think this parliament is a sham. The people are right to be cynical about politics, they’re right to be cynical about politicians. This place is a joke. We play games in here. Well, you know what? Sometimes these games lead to the unfair distribution of justice or no justice being distributed. Sometimes these games lead to people losing their lives, they lead to murders, they lead to the families not getting any justice. And what do we see so often? When bad things raise their head? We see our police force circle the wagons. We see our politicians circle the wagons. Do what it takes to cover up what we don’t want to see. Do what it takes to hide the truth. Is there any appetite for doing things any different in this house? Minister, you look up here at us and you say ‘how dare those people with their long hair and raggy jeans have the audacity’ to challenge you. Well I want to tell you something. The people of Wexford that elected me to come in here, didn’t elect me to come in here and approve of your behaviour. They put me in here to challenge it. It’s time for you to go, minister. And bring the Commissioner with you.

Previously: A Rebuttal

‘We Do Have Truth But We Don’t Have Accountability’

ShatterinDail

 [Justice Minister Alan Shatter]

In his speech this morning Justice Minister Alan Shatter referred to allegations made against him by Fianna Fail leader Micheal Martin.

Firstly, that he had done nothing about very serious claims against the Gardai.

And secondly, that he had not responded to correspondence from Sergeant Maurice McCabe.

Mr Shatter  stated that he intended to demonstrate to the House that none of those charges were true.

GK writes:

Minister Shatter this morning detailed the history of the complaints made by Sergeant McCabe, which he stated were brought to his attention on the 23rd January 2012, when he received a report from the Garda Confidential Recipient, Oliver Connolly.

He described the contents of the report received by him as including “12 allegations against a named Superintendent … a complaint against the Assistant Commissioner… and a complaint against the Garda Commissioner for permitting the named Superintended to be on a panel for promotion to Chief Superintendent in circumstances where the Garda Commissioner knew, or ought to have known of, the alleged wrongdoing of the Superintendent… not only were there allegations of malpractice, but also of corruption in that Gardai were generally accused of engaging in falsifying records, erasing officials records, erasing reported incidents, destroying and altering official records, covering up serious investigations and ‘gross dereliction of duty on a massive scale.”

Minister Shatter then stated that “reports from the Confidential Recipient are only forwarded to me where an allegation is made against the Commissioner.” This is correct and is provided for in Section 7(2) of SI No 168/2007 Garda Siochana (Confidential Reporting of Corruption or Malpractice) Regulations 2007.

However what Mr Shatter failed to mention is that such reports are forwarded to the Minister for a specific purpose, which he failed to fulfil.

Section 8(2) of the same Regulations states that, on receipt of a report containing an allegation against the Garda Commissioner, the Minister, unless he or she has reason to believe that the allegation contained in it was not made in good faith or is false, frivolous or vexatious, shall cause the allegation to be investigated or take such other action as he or she considers appropriate in the circumstances”

What action did Mr Shatter take?

In his speech – without referencing his obligation under Section 8(2) – he states that he “took the letter so seriously that on 24th January, the following day, my Secretary General, at my request, wrote to the Garda Commissioner seeking an urgent report.”

This statement implies that Mr Shatter had a choice as to whether or not to deal with the report. He did not.

His legal obligation to consider reports about the Garda Commissioner –  the person normally appointed to investigate complaints – is a key part of the Regulations.

By no stretch of the imagination could it be said that Mr Shatter caused the allegations against the Garda Commissioner in the report to be investigated.

On receiving a detailed response from the Garda Commissioner on the 30th January 2012, Mr Shatter wrote to the Confidential Recipient and informed him of this response.

It appears that it was the communication of this fact to the Confidential Recipient that led to the conversation between Mr McCabe and Mr Connolly  [transcript here] , and it is against this backdrop that the conversation should be assessed.

Mr Shatter in his speech does not make any reference to doing anything further.

Writing to a person against whom a complaint is made, and reading their response, is not ‘causing a complaint to be investigated’ within the meaning of Section 8(2) of the Regulations.

It is not even a proper investigation of a complaint.

The only way in which Mr Shatter could be said to have complied with his duty is if he had reason to believe that the allegations contained in Mr McCabe’s report were not made in good faith or were false, frivolous or vexatious.

Did Mr Shatter believe that these allegations were not made in good faith or were false, frivolous or vexatious? He does not say so in his speech.

Earlier in his speech, Mr Shatter says:- “What is crucial is that the evidence for allegations made is carefully and properly examined.”

Mr Shatter’s belief in this principle, and in something else he refers to in his speech ‘the rule of law’ is contradicted by the fact that he – on the facts put forward in the speech – apparently failed to fulfil his duty under Section 8(2) in respect of the report submitted to him on the 23rd January 2012.

The frustration felt by Mr McCabe in relation to this is evident in the transcript [here], in which he states:-

“Sure it’s a joke really Oliver, when you see it. Like the Minister should go to someone independent to look at it… he is believing the Commissioner and not me. So, it’s a joke, isn’t it really.”

If Mr Shatter made a decision, in January 2012, not to cause the investigation of the report submitted to him by the Confidential Informant because he found that the allegations in it were not made in good faith, or were false frivolous or vexatious, he should state this.

So far he has not done so, and this begs the question – is the Minister aware of his duty under Section 8(2)? And, if so, why has he apparently not complied with it?

And, if Mr Shatter in fact found that the allegations were not made in good faith, or were false, frivolous or vexatious, this finding must have been solely based on the response of the Garda Commissioner – the person complained about.

Mr Shatter is correct that there are flaws in the administration of the regulations. But could it be that the flaws lie in the way in which they are being applied by him, rather than the regulations themselves?

In his speech, Mr Shatter retains the position that Mr McCabe refused to cooperate with the investigation carried out by Assistant Commissioner O’Mahoney into the penalty points issue.

In justification of his continuing refusal to apologise to Mr McCabe, he cites the following examples of non-co-operation.

Firstly, a conversation between Mr McCabe and Chief Superintendent Mark Curran, and already discussed on Prime Time, which consisted of a direction that Mr McCabe desist from accessing Pulse and disclosing its data to third parties, ending with a statement that Mr McCabe he had any concerns he could take this up with Assistant Commissioner O’Mahoney.

Secondly, a letter sent from an official of the Department of Justice which states that any further information held by Mr McCabe should be brought by him to the attention of his authorities within the force.

Neither of these statements can reasonably be characterised as a formal or indeed an informal request to participate in the investigation carried out by Assistant Commissioner O’Mahoney.

Their ex post facto characterisation as such is not only wilfully disingenuous , but contradicts the professed concern for whistleblowers loudly expressed by Mr Shatter earlier in his speech.

Thirdly, and most insultingly to Mr McCabe – and indeed to the intelligence of anyone watching – Mr Shatter cites as non-co-operation by Mr McCabe his failure to comply with an invitation by Assistant Commissioner O’Mahoney to meet – after the report was finalised and before it was published.

If Assistant Commissioner O’Mahony could invite Mr McCabe to meet with him after the report was finalised – why not earlier?

The insistence by Mr Shatter that Mr McCabe was uncooperative is completely belied by the many examples he gives, earlier in his speech, of Mr McCabe’s persistence and dedication in seeking to pursue his complaints. These are examples of a man doing everything he can to ensure that he is heard.

The same voice requesting to be heard is to be found in the transcript of the conversation between Mr McCabe and Mr Connolly,

Mr Shatter’s speech contains not only half-truths, and disingenuity, but a glaring omission. He fails to deal with the contents of this transcript, and the precise reason for sacking Mr Connolly following its publication.

Charlie Flanagan, on behalf of Fine Gael, has stated on the radio that Mr Connolly was sacked because he made statements that were defamatory of Mr Shatter. A defamatory statement, according to the Defamation Act, is one which injures a person’s reputation in the eyes of reasonable members of society. Mr Connolly’s statements about Mr Shatter certainly do that.

If the allegations made by Mr Connolly are serious enough to justify his sacking, they are serious enough for Mr Shatter – our Minister for Justice – to answer. He appears to think that he does not need to do so.

Earlier: “Life Is Complicated…”

ShatterinDailcloud

[Alan Shatter, top, and a word cloud whatsit of his speech. ‘Sorry’ not visible]

Justice Minister Alan Shatter’s statement on allegations in relation to An Garda Síochána to the Dáil this morning.

“I want to say, initially, that Deputy Martin was quite right to hand over to An Taoiseach last week material which he had received from a member of An Garda Síochána, Sergeant Maurice McCabe. An Taoiseach acknowledged that they were serious matters and undertook to review them.

If Deputy Martin’s primary motivation was to have these allegations examined, the proper course of action would have been to let An Taoiseach, who made it clear that he was treating the matter as one of the utmost seriousness, proceed with that examination and respond to the Deputy.

Instead, the Deputy came into this House last Thursday brandishing a document which he said was in my possession for two years. What the Deputy’s allegations amounted to was this: very serious allegations against the Gardaí had not been addressed, I had done nothing about them and I had not responded to correspondence from Sergeant McCabe.

The manner in which Deputy Martin presented the matter understandably led most people to believe that the allegations made had never before been addressed, had only arisen since my appointment as Minister, that the cases concerned had only arisen during my time in office and he sought to copper fasten this impression by accusing me of undermining the administration of justice in this State. No timeline was given by Deputy Martin for the cases investigated by An Garda Siochana or which had come before our courts. Moreover, no distinction was made by him between operational matters which are the responsibility of An Garda Siochana and policy issues which are my responsibility, a distinction well understood by my Fianna Fail predecessors in Justice.

I intend to demonstrate to the House today that none of Deputy Martins political charges are true.

Deputy Martin has spoken much in recent days about the maladministration of justice. There are of course fundamental principles of justice that are crucial to this State. They concern fundamental constitutional and human rights and the rule of law – something to which I have been passionately committed throughout my adult life.

As Minister, I cannot opt to respect the rights of one person and ignore the rights of others. Put simply, while, of course, any allegations of wrongdoing must be taken seriously, allegations are not facts. I cannot proceed on an assumption that allegations made by one member of An Garda Síochána against many of his colleagues are correct and ignore the rights of those against whom allegations are made. This basic principle holds whether we are talking about An Garda Síochána or any other organisation, group or individual.

I have no doubt that many people outside this House must find the twists and turns in relation to what, by any standards, is a complex set of circumstances bewildering but I am sure that they clearly understand one thing: allegations are not facts and that basic fairness requires when allegations are made against people they should not be assumed to be guilty without hearing the other side of the story or without evidence. What is crucial is that the evidence for allegations made is carefully and properly examined. Allegations may ultimately be proved to be true, partially true or false. Where false, the original allegation need not in any way be malicious but may derive from a mistaken perception or understanding of events. Life is complicated, not everything is simply black and white.

Continue reading →

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PTMaurice

On Prime Time last night RTÉ’s David McCullagh held a debate with Fine Gael TD Charlie Flanagan and Fianna Fáil TD Niall Collins in light of Taoiseach Enda Kenny’s announcement yesterday that he has appointed Sean Guerin, SC, to look into Sgt Maurice McCabe’s dossier which alleges Garda mishandling of a number of serious crimes.

They also discussed the so-called directive that Garda Commissioner Martin Callinan sent to former Garda John Wilson and Sgt Maurice McCabe separately on December 14, 2012. The ‘directive’ was delivered verbally to the two gardaí. Mr Wilson said last night that the superintendent that gave him the message told Mr Wilson that he was under instructions from Commissioner Callinan not to furnish Mr Wilson with a written copy of the directive.

Commissioner Callinan maintains this directive called on both men to co-operate with the penalty points inquiry, led by Assistant Commissioner John O’Mahoney.

But Sgt McCabe released a statement on Monday night saying the Commissioner’s claims were ‘gravely misleading and false’ while last night Mr Wilson said he believed the directive was the equivalent of a ‘gagging order’.

Sgt McCabe taped the conversation during which his directive was delivered, while in the case of Mr Wilson, he took notes. Mr Wilson’s notes – in so far as the message that was read out to him – match what was read out to Sgt McCabe, in Sgt McCabe’s transcript.

The directive was issued just a few days after Mr Wilson was found printing off records from the PULSE system in Cavan and days after several high-profile people were named in the Dáil as having had penalty points quashed.

On this specific matter, RTE’s David McCullagh took issue with Charlie Flanagan.

David McCullagh: “I want to ask you a question. Gerry Adams made the point in the Dáil during those exchanges that the Taoiseach was given that dossier less than a week ago and now we have an independent barrister appointed to look into it to see if there’s anything to investigate there, as you say, the Taoiseach has moved fast. Alan Shatter was given this two years ago.”

Charlie Flanagan: “There are two charges levelled on a continuous basis by Niall Collins and Fianna Fáil against Alan Shatter and they are as follows. Firstly, that he was given documentation two years ago, which he sat on. Not true. We will see tomorrow and we’ve already evidence that Alan Shatter acted on documentation that was before him: some of these issues and allegations have already been the subject of an examination by the GSOC office. In fact, in fact…”

McCullagh: “Then why has Mr Guerin been appointed?”

Flanagan: “In fact, David, in some cases, in some cases, charges have been brought, due process has taken place in the courts, and people have been convicted, that’s exactly as it should be through the criminal law. The second charge against Alan Shatter is that in some way he misled the Dáil by saying that Sgt McCabe, a central figure, did not cooperate with the investigation. I say, having read the documentation now published and having regard to what Sgt McCabe, an honourable man, said last night, I believe there are failures on both sides. I find it inexplicable that an investigation could take place at the behest of the gardaí, under Assistant Commissioner O’Mahoney without Sgt McCabe, a central figure being involved. How is it? How is it the investigation took place?..”

McCullagh: “Well that’s a very good question.”

Talk over each other

McCullagh: “How is it that Alan Shatter didn’t seem in the least bit concerned about it?”

Flanagan: “No, I believe that this, that this issue is, has been the subject of a review of papers in Alan Shatter’s office over the last and I believe we’ll know this tomorrow. The second issue is, as far as Sgt McCabe is concerned, there are reports that he was asked on more than one occasion…”

McCullagh: “What reports?”

Flanagan: “..that his issues would be…letters from the Department of Justice directly to him and the content of the transcript of the tape last night.”

McCullagh: “Hold on, hold on, hold on, hold on, hold on. Hold on, hold on, hold on, hold on.”

Flanagan: “It seems to me inexplicable that Sgt McCabe didn’t know that there was an investigation under way.”

McCullagh: “Hold on. The thing last night is quite clear. What he was told: ‘The Commissioner is now directing you to stop accessing PULSE and he disputes whether he was doing that and, anyway..’And if you have any concerns they can be brought to the attention of the Assistant Commissioner’. How is that a direction?”

Flanagan: “Yes, well, I find it inexplicable that Sgt McCabe wasn’t aware of the fact that an investigation was taking place.”

McCullagh: “But the Commissioner and the Minister said that he was directed to cooperate with the inquiry, now is that a direction?”

Flanagan: “Well, I believe that there is more to the story than we’ve seen and I look forward to the minister making that statement tomorrow in the Dáil.”

McCullagh: “The Commissioner said that on that date…”

Flanagan: “And standing over what the minister has said, under Dáil privilege.”

McCullagh: “The Commissioner said that on that date that Sgt McCabe was directed to cooperate with the inquiry and quite clearly if that, if that transcription is correct, he quite clearly wasn’t.”

Flanagan: “Listen the fact of the matter here is that Sgt McCabe knew that an investigation of some form was taking place because he was given more information than was actually contained in the transcript.”

McCullagh: “And did he have the Assistant Commissioner’s phone number in his, in his iPhone.”

Flanagan: “Listen, I’m not in a position to answer as to whether Sgt McCabe had people’s phone numbers on his person. What I am saying, David, and you know this is a complex and serious issue, what I’m saying is there were failures on both sides. How an investigation could take place over a period of months, the central figure wasn’t involved and happened to ring up wondering what the story was when the whole thing was finished.”

McCullagh: “What was Minister Shatter’s failure then? Well, Niall Collins is the one who..”

Niall Collins: “No you just said there’s failures on both sides, Charlie, I mean you’re being entirely inconsistent here.”

Talk over each other.

Collins: “Is it good enough that the Minister for Justice will come in to Dáil Éireann under privilege and seek to completely discredit the character of Maurice McCabe.”

Flanagan: “No I don’t accept that will happen.”

Collins: “You have testified on numerous occasions that Maurice McCabe is very credible so has Pat Rabbitte, so has members of the PAC [Public Accounts Committee]. Anybody that has met Maurice McCabe is happy that he is credible in terms of what he is saying. Yet the minister choose to come into the Dáil and seek to assassinate his character.”

Talk over each other.

McCullagh: “Let Charlie answer that.”

Flanagan: “I think that is the kind of hyperbole that is actually damaging to the process.”

McCullagh: “Well hold on a second.”

Talk over each other.

Flanagan: “What Minister Shatter said under Dáil privilege was that it was his view that Sgt McCabe did not cooperate with the investigation.”

McCullagh: “But how could he cooperate when he wasn’t asked?”

Flanagan: “Well, you know, that’s a moot question and it’s not perfectly clear that he wasn’t asked. And I looked at the evidence of the Garda Commissioner and the evidence of the Department of Justice as far as that’s concerned.”

McCullagh: “Ok, well just in relation to the revelation last night, you know, you, some people say that’s a direction – I don’t see how anybody who understands the use of the English language could think that was a direction but anyway that’s beside the point. Why was it delivered verbally and not in written form? Why, if he did disobey a direction, was he not disciplined for it, and why on earth did the Assistant Commissioner not pick up the phone and ring him?”

Flanagan: “These are questions that are better put to the Garda Commissioner and the Assistant Commissioner. I would have thought that the Assistant Commissioner might have made a call to him over the course of weeks before the investigation got under way and in fact when the investigation was under way, having regard for the fact that Sgt McCabe was at all times a central figure.”

Watch back in full here.

Transcript of conversation between Maurice McCabe and Mark Curran (Irish Examiner)

Related: GSOC Saga: Uncovering truth amidst confusion (Mick Clifford, Irish Examiner)

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[Top: Albert Reynolds and Dick Spring; above: Enda Kenny and Eamon Gilmore]

Further to the cabinet decision to appoint a a senior counsel to review claims in Garda Whistlebower Maurice McCabe’s ‘dossier’ and Labour’s continuing confidence in  Justice minister Alan Shatter, Political commenter Johnny Fallon writes:

“The crux of matter is why do the cabinet feel that matters are worthy of an investigation now? What merits this? Clearly Alan Shatter did not feel the matters warranted such action at any stage up to now and clearly he never believed cabinet had to be informed.

So, if that’s the case how can government have confidence in him while at same time taking an axiom that suggests he should have done things differently? A second issue is that Enda still has not shared the dossier with cabinet so in effect none of them know what they are talking about.

You might remember the ‘passports for sale’ issue in the early ’90s?  Albert Reynolds’ business had availed of a government scheme at the time whereby if somebody invested over £1 million in an Irish firm resulting in jobs, etc. then that person could apply for a passport.
Reynolds maintained that his firm acted appropriately, followed the rules and there was no wrongdoing…In the midst of the media storm Albert Reynolds met with Dick Spring.

He assured Spring that everything was above board. Then, to underline his point Reynolds told Spring he could have full access to the files and see for himself that everything was handled as it should be. To Reynolds shock, Spring replied that he had already sought and got the file and he was satisfied that there was no impropriety.

Reynolds was pleased but he learned that Dick Spring was not a man to hang about.  When Spring and the Labour party were under pressure they did not wait for invitations or explanations.

Also remember Ruairi Quinn demanded Albert Reynold’s head over a delay by an official in the AG’s office. Here the minister [Shatter] himself is implicated for not taking an approach that the cabinet made today. yet it’s OK for him to stay on?”

Johnny Fallon

(Photocall Ireland)

Meanwhile:

“Enough is enough. After more than two weeks of drip fed allegations that continue to undermine public confidence in our systems of Garda accountability, nothing short of an independent statutory inquiry under the 2004 Commissions of Investigation Act will do. The Department of Justice and Equality have direct access to extensive legal expertise and have had ample opportunity to produce a convincing rebuttal of the disturbing allegations that have been levelled against An Garda Síochána. This has not occurred and to prolong the agony for the public, whistleblowers and alleged victims by appointing a barrister to spend more time looking at internal paperwork is simply not credible.”

Mark Kelly, Director of the Irish Council for Civil Liberties

“Enough is Enough’ (ICCL)

Meanwhile…

 

903315549033155390331556Get me The Commish!

[Justice Minister Alan Shatter arriving at government buildings, Merrion Street this morning to brief the cabinet on the whistleblower/GSOC crisis.]

Over the last month, we’ve seen a glimpse of what it’s like to live in an autocracy. In a functioning democracy, the raising of allegations of misconduct within the Garda would be given a kind of rueful welcome.

Rueful because, of course, the reputation of their police force matters greatly to most Irish people. But welcome nonetheless because we’ve all learned the hard way that the best approach to maintaining the reputation of an institution is to be open about its failings. In an autocracy, on the other hand, any suggestion that a key institution has serious problems cannot be entertained.

… Running through all the individual responses has been the classic autocratic delusion: we know for a fact that everything is fine and it follows that anyone suggesting otherwise is stupid, ill-intentioned or both. Their motives must be impugned: Sgt McCabe is insubordinate; GSOC is paranoid and foolish; the Committee on Public Accounts is impertinent. There is even a hint of the autocratic desire to airbrush the historic record: Oliver Connolly, the Garda confidential recipient, had to be fired because he would not “repudiate” statements he had made, apparently in good faith, to Sgt McCabe. Perhaps Comrade Connolly might be invited to a self-criticism session? This is scary stuff.”

Fintan O’Toole, Irish Times

Shatter’s personal integrity makes the reality of this crisis far worse (Finntan O’Toole, Irish Times)

‘Shatter Omnishambles’ is bigger than one man – the minister should go (Dearbhail McDonald, irish Independent)

 

Whistleblower speaks out: Callinan’s statements “false and misleading”, says McCabe (Michael Clifford, irish Examiner)

(Sasko Lazarov/Photocall Ireland)

 

They’re having a  laugh.

YOU be the barrister JUDGE!

Barrister to examine claims by garda whistleblower Sergeant Maurice McCabe (RTE)

Earlier: Someday A Real Rain Will Come

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[Garda Commissioner Martin Callinan and Alan Shatter]

For the week that’s in it.

A comprehensive GSOC bugging/ Garda whistleblower timeline.

December 2, 2003: Kieran Boylan, from Ardee, Co. Louth is caught by members of the National Bureau of Criminal Investigation in a ‘Garda stakeout’ receiving more than €700,000 worth of cocaine and heroin at Dublin Port. He’s charged and released on bail.

October 6, 2005: Boylan is caught with €1.7million of cocaine and heroin in Ardee, Co. Louth, by members of the Garda National Drugs Unit.

December 21, 2005: It’s reported Boylan was remanded on bail by Judge Desmond Hogan pending sentence at Dublin Circuit Criminal Court in relation to the Dublin Port charges. The court heard a detective garda agree  with Boylan’s defence lawyers that Boylan believed the heroin he collected  was cocaine and that this indicated that he was not ‘in the hierarchy of the operation’. The court also heard the detective accept that Boylan was in debt and under pressure from his associates in England – whom Boylan was involved with before when he was jailed for 7 and a 1/2 years in England over cannabis possession, in 1997.

February 16, 2006: It’s reported that Judge Desmond Hogan – again in relation to the Dublin Port charges – sentences Boylan for five years and suspends the final two years, on condition Boylan keeps the peace.

February 4, 2007: John Mooney reports in The Sunday Times that charges against Boylan, in relation to the €1.7million drugs haul, were struck out in June 2006 because the DPP failed to give detectives from the Garda National Drugs Unit any direction in the case. Mr Mooney also reports that Fine Gael leader Enda Kenny and Labour’s Brendan Howlin are demanding to know why the charges in relation to the €1.7million drug haul were not pursued against Boylan. It’s reported that Boylan is said to have boasted that he is ‘untouchable’ and will never stand trial in relation to the €1.7m drugs find, while an internal Garda inquiry into the case is under way by Garda Commssioner Noel Conroy and Chief Superintendent Kevin Ludlow. It’s reported that Mr Kenny said: ‘Drugs are the single greatest threat to Irish society. I want the government to give a full explanation on this case. I will be tabling questions on the nature of the inquiry into Boylan and why he isn’t before the courts when he was caught with such a large amount of heroin and cocaine’.

February 11, 2007: Mr Mooney reports that his sources informed him Boylan evaded prosecution because he knows of ‘rogue Garda operations’ with drug dealers. Mr Mooney reports a source saying: ‘Boylan cannot be charged because he will start talking. They (the gardai) can’t afford for him to air his allegations in a public forum because he could cause a tribunal.’

April 30, 2007: Taxi driver Mary Lynch is violently assaulted by Jerry McGrath in Virginia, Co. Cavan. McGrath had his zip undone as he bit her, viciously kicked her and pulled out lumps of her hair. He left her with a black eye, bruising down her side and  bruises on her neck, as he held his hands around her neck during the assault. McGrath was released on station bail of €300 the next day, before Mary Lynch gave a statement. McGrath was never questioned about details of her statement. He was charged with assault with no conditions attached to his bail.

October 2007: A file on Mary Lynch’s assault is finally sent to the DPP with a recommendation that the case be dealt with in the district court. Micheal Clifford, of the Irish Examiner, has reported that “the file came back within three weeks, upgrading the charge to Section 3, “assault causing harm” and a robbery charge. The DPP instructed that it should be dealt with by the district court only if a guilty plea was entered on both charges. Otherwise, it should go to trial in the Circuit Court.”

October 9, 2007: McGrath tried to abduct a five-year-old girl from a house which he had broken into, in Dundrum, Co. Tipperary. The girl’s father managed to overpower McGrath and hold him until the gardaí arrived. McGrath was charged with assault causing harm, burglary and false imprisonment. He was held in Limerick Prison.

October 18, 2007: McGrath’s Cavan assault case involving Mary Lynch was due for a routine review of bail in Virginia District Court. McGrath’s solicitor was told McGrath didn’t need to attend the two-minute routine hearing. No objection was made at Virginia District Court to renew McGrath’s bail on the Cavan assault charge – even though it was known that McGrath was in custody for assault causing harm, burglary and false imprisonment.

October 30, 2007: An application for bail by McGrath was made in Clonmel Circuit Court on the Tipperary false imprisonment charge. Detective Sergeant John Long objected but the court was not told about the Cavan assault and McGrath was granted bail. Michael Clifford, of the Irish Examiner, has reported: “In a subsequent investigation, Sgt Long said that prior to the bail application, he had checked McGrath’s background on the garda Pulse system. (This would be second nature to any garda investigating a violent incident). On seeing an entry about Cavan, he rang an “unidentified garda” in a “Cavan station” — also unidentified — and was told that the case involved a minor assault over a taxi fare.”

December 7, 2007: McGrath murdered separated mother-of-two Silvia Roche Kelly in the Clarion Hotel in Limerick.

January 5, 2008: Mary Lynch, who at this point was eventually told her case would be heard in Virginia District Court on January 7, received a phone call, telling her there was no need for her to show up at the case hearing as it would be held over.

January 7, 2008: Mary Lynch received a call from an inspector saying McGrath received a nine-month sentence for the assault on her. The Irish Examiner reported Ms Lynch saying: “I told him that I was told the case was not going ahead and he said he knew nothing about that. I told him I was informed I would be given the opportunity to make a victim impact statement to the court. He said he did not know anything about that and he was only handed the case file that morning and told to go into the court. He also told me that if I wanted to see Jerry McGrath he was still in Virginia garda station. I said I do not want to see Jerry McGrath in a garda station, I wanted to see him in court.”

January 15, 2008: It’s reported that the charges against Boylan in relation to the €1.7m drugs haul are to be reinstated.

June 2008: Garda Commissioner Fachtna Murphy sets up an internal inquiry to examine Boylan’s relationship with certain members of the Gardaí.

June 2008: Sgt Maurice McCabe transfers out of Bailieboro Garda Station in Co. Cavan to Mullingar [where he works now]. Sgt McCabe had details of cases he believed were not investigated properly at Bailieboro, including false imprisonment and physical and sexual assaults, which he relayed to the then Garda Confidential Recipient Brian McCarthy. Mr McCarthy notified then Garda Commissioner Fachtna Murphy of Sgt McCabe’s complaints. Commissioner Murphy ordered an internal inquiry to be led by Assistant Commissioner Derek Byrne.

July 31, 2008: On the day the courts recessed for the summer, the charges against Boylan are dropped in an unscheduled court hearing, with the State entered a nolle prosequi. The barrister for the DPP said the decision was made at a high level but didn’t give any further explanation.

August 3, 2008: John Mooney reports in The Sunday Times that the charges against Boylan were dropped because he had threatened to reveal details of  his involvement with certain members of the gardaí. Mr Mooney also reports that Boylan claimed that he was involved in several entrapment-style operations where gardai would deliver drugs which he supplied to petty criminals, who were then later arrested and charged with certain gardaí’s careers benefiting from such operations. Then Garda Commissioner Fachtna Murphy and his deputy Martin Callinan both refused to comment on the matter to The Sunday Times.

It’s also reported that the then chief superintendent of the GNDU wrote to Martin Callinan asking if Boylan was a Garda informer. Mr Mooney reported that Callinan had confirmed in writing, on December 2, 2005, that Boylan was ‘not a registered source’. [Since the Morris Tribunal, all Garda informers have to be officially registered in the Covert Human Intelligence Source (CHIS) system]

October 19, 2008: John Mooney reports in The Sunday Times that the Garda Síochana Ombudsman Commission is to hold a public interest inquiry into the relationship between Kieran Boylan and a number of gardaí.

March 5, 2009: In the Dáil, Labour TD Pat Rabbitte spoke in relation to the charges dropped against Boylan, saying: “The only reasonable inference is that Boylan was saved from prison by the intervention of corrupt gardai or he was protected because he is a garda informant.”

April 19, 2009: John Mooney reports that in September 2008, the Department of Transport contravened its own rules and issued Boylan a road-haulage operator’s licence, following discussions with gardaí. He registered the licence under the Irish version of his name, Ciaran O’Baoighallan and that, while officials at the haulage licensing department in Galway at first refused to make the name change, they were instructed to do so by the Department of Transport. As proof of his identity, when he was getting the licence, Boylan produced a new passport and driving licence. The licence allows him to travel freely across Europe until September 2013.

November 14, 2010: It’s reported how an internal garda investigation into allegations of malpractice in the Cavan/Monaghan division – following complaints made in 2008 by Sgt Maurice McCabe, moved from Cavan to Mullingar, Co. Westmeath after he made his complaints – upheld some of the complaints but found no evidence of corruption. The investigation is led by Assistant Garda Commissioner Derek Byrne. Among Sgt McCabe’s allegations are claims that gardaí in Cavan, where he previously worked, didn’t carry out proper investigations into incidents including physical assaults, sexual assaults and false imprisonment.

It’s also reported a second internal probe was launched a month previous (October 2010) after Sgt McCabe claimed Assistant Commissioner Byrne assaulted and falsely imprisoned Sgt McCabe in the Hillgrove Hotel in Co. Monaghan on October 11, 2010, after Sgt McCabe revealed that he had removed hundreds of files from Pulse which showed gardaí had falsely claimed that certain people were involved in criminality. Sgt McCabe produced the files in front of Assistant Commissioner Byrne at the hotel when they – and two other officers – met to tell Sgt McCabe the results of the first investigation. Sgt McCabe claimed Assistant Commissioner Byrne would not let Sgt McCabe leave the hotel with the files. Assistant Commissioner Byrne took the files from Sgt McCabe.

It’s reported Nacie Rice, the deputy Garda Commissioner was appointed to investigate these claims of false imprisonment and assault, while the Garda Síochána Ombudsman Commission had been notified of the allegations.

January [day unknown] 2012: Maurice McCabe went to the Garda Confidential Recipient, Oliver Connolly, with a dossier of 12 complaints alleging Garda malpractice and incompetence regarding serious cases of criminality. The dossier included allegations of malpractice and incompetence in relation to the case of Mary Lynch – the taxi driver who was assaulted by Jerry McGrath who went on to kill Sylvia Roche Kelly – cases of assault causing harm, charges that were allegedly not properly investigated, a case involving abduction and false imprisonment – a case which was not investigated and resulted in an attempt being made to offer the victim money on behalf of the suspects, and one involving falsification of records. Mr Connolly handed over details of these complaints to the Minister for Justice, Alan Shatter, who then handed the dossier over to the Mr Callinan.

GSOC investigated a section of the Sylvia Roche Kelly case and it recommended that disciplinary action be taken against two officers. But Garda Commissioner Martin Callinan declined to discipline the two officers.

February [day unknown] 2012: It’s understood Mr Connolly spoke to Mr Shatter and told him about the whistleblowers and that Mr Connolly met with Mr Shatter again before Easter and discussed the allegations.

February 9, 2012: Mr Connolly met Sgt McCabe, who taped their conversation. They discussed Sgt McCabe’s 12 complaints, including a previous complaint Sgt McCabe made against the Garda Commissioner Martin Callinan in relation to his intentions to the promote a senior officer. Mr Connolly tells Sgt McCabe that no further action will be taken on his complaints. Mr Connolly also warns Sgt McCabe: ‘I’ll tell you something Maurice – and this is just personal advice to you – if Shatter thinks you’re screwing him, you’re finished.’ Mr Connolly advised Sgt McCabe to avoid going to the media and to go through the courts system. Mr Connolly assures Sgt McCabe that Minister Shatter looked into Sgt McCabe’s complaints in detail.

March [day unknown] 2012: Garda John Wilson and Sgt Maurice McCabe make a complaint to the Garda Confidential Recipient, Oliver Connolly, about the quashing of penalty points. Mr Connolly gave this complaint to the Garda Commissioner Martin Callinan.

May [day unknown] 2012: Mr McCabe sends Mr Connolly more information, alleging the quashing of penalty points.

July [day unknown] 2012: Mr McCabe gave Enda Kenny information of alleged misconduct concerning penalty points and offered to meet Mr Shatter, with his legal team, including former Attorney General and former Minister for Justice Michael McDowell, and to provide him with files and information. Enda Kenny replied to McCabe and said Mr Shatter would deal with his request.

August [day unknown] 2012: Mr McCabe wrote to Mr Kenny again, in relation to the penalty points.

September [day unknown] 2012: Mr McCabe wrote to Mr Kenny again.

November 11, 2012: John Mooney reports in The Sunday Times that the conviction of Andrew Kearns is one of several being investigated by GSOC, as part of its public interest inquiry into Boylan’s relationship with certain gardaí. Mr Mooney reports that Kearns, a single father from Crumlin, had agreed to collect a shipment of cocaine in March 2005, in order for a gang to waive a debt of €3,000. His contact was Boylan. When Kearns collected the cocaine in Ardee, Co.Louth, Boylan was present at the handover of cocaine worth €280,000. Mr Mooney reported certain gardaí used Boylan as an agent provocateur in order for the gardaí to secure promotions and praise in the media.

November 13, 2012: In response to reports that Garda management had blocked and obstructed GSOC’s investigation into the Boylan affair, Garda Commissioner Martin Callinan rejected the claims and insisted he and members of the gardaí fully assisted the four-year investigation into Boylan.

November 13, 2012: Justice Minister Alan Shatter announces that he will extend Commissioner Martin Callinan’s retirement from August 2013 to August 2015.

December 4, 2012: After receiving no response from the Garda Commissioner, the two garda whistleblowers approach  United Left Alliance TD, Clare Daly to voice their concerns to her. United Left Alliance TDs Clare Daly and Joan Collins use parliamentary privilege in the Dáil to name Judge Mary Devins as someone who has had their penalty points quashed.

December 7, 2012: Commissioner Callinan issues a press statement in relation to the penalty points, saying he has appointed Assistant Commissioner John O’Mahoney to look into the allegations before adding: “There is no question of what has been described as a culture of non-enforcement of penalties being tolerated by An Garda Síochána.”

December 9, 2012: John Mooney reports in The Sunday Times that GSOC’s report into Boylan is due within a week and that Garda Commissioner Martin Callinan, and his predecessor Fachtna Murphy, may be embarrassed by GSOC’s eventual findings, given that they oversaw three internal investigations into the links between Boylan and certain gardaí which didn’t find any evidence of wrongdoing.

December 11, 2012:  Under privilege in the Dáil, United Left Alliance TD, Joan Collins names several high-profile people who had penalty points quashed including rugby player Ronan O’Gara, Irish Independent crime reporter, Paul Williams and Judge Mary Devins, again.

December 16, 2012: John Mooney reports in The Sunday Times that GSOC’s investigation resulted in a 500-page report which was sent to the DPP, and recommends that charges be brought against Boylan and a garda. Mr Mooney reports that the inquiry found some operations were run ‘off the books’ and not in line with regulations brought in after the Morris Tribunal. It’s reported that GSOC were also critical of Garda Commissioner Martin Callinan, who it’s reported, made representations to the DPP about Boylan’s €1.7m drugs case before the charges were dropped in July 2008. And it’s reported that GSOC questioned the reliability of information sent from gardaí to the DPP after Boylan’s €1.7m drugs arrest in Ardee.

December 17, 2012: A letter is sent to Sgt McCabe, from the assistant secretary at the Department of Justice, which is also forwarded to Enda Kenny and Leo Varadkar. The letter is, in the main, in response to an email Sgt McCabe sent on December 12, 2012 in relation to the quashing of penalty points. However, it also refers to the dossier of serious complaints that Sgt McCabe made to the confidential recipient in January. It states: “While your email mainly relates to the current allegations regarding the cancellation of fixed charge notices, you also refer back to a response by the Minister in February to the Garda confidential recipient in relation to an investigation by the Garda Commissioner of other allegations. As you know, of the 12 individual allegations made in the report to the confidential recipient, the Commissioner advised that 11 had already been thoroughly investigated by an Assistant Commissioner and a Chief Superintendent, that this investigation had been reviewed by a Deputy Commissioner (because of a related complaint made against the Assistant Commissioner), and that no evidence of corruption or malpractice had been discovered. You will also recall that the Commissioner, as regards the other case, was of the view that the investigation complained of was in fact efficiently and speedily carried out.”

January 28, 2013: Clare Daly is arrested on suspicion of drink driving. She’s brought in a patrol car to the Kilmainham Garda Station where she was placed in a cell on her own at one point. She provides a urine sample and when she’s released a female Garda tells her to ‘come back when you are sober’. Ms Daly is handcuffed during her arrest. Details of her arrest are leaked to the press. She says she had taken a hot whiskey for a cold during a meeting at a house prior to her arrest.

February 8, 2013: Clare Daly receives the official result of the urine sample. It was 45 milligrammes per 100 millilitres of urine – 33% below the allowable limit. Ms Daly tells RTÉ that she made a complaint to GSOC about the leaking of the arrest to sections of the media and that the body was investigating this.

April 19, 2013: Irish Independent published journalist Gemma O’Doherty’s story that Garda Commissioner Martin Callinan had penalty points quashed. More than a week previous, after she confirmed that the address she had was that of Martin Callinan – and essentially confirmed her story – she was given a dressing-down by her bosses at Independent News and Media, including Ian Mallon, Michael Denieffe and editor Stephen Rae – who told Ms O’Doherty that her behaviour was that of a ‘rogue reporter’. Some weeks later she lost her position as Travel Editor, which it’s reported Mr Rae ordered and then, another few weeks later, she’s informed by managing director Declan Carlisle that she is being made redundant. She is told that if she doesn’t take it voluntarily, she will receive notice of compulsory redundancy. She doesn’t accept it voluntarily and therefore immediately receives compulsory redundancy. Ms O’Doherty is now suing INM and Mr Rae.

April 21, 2013: Sgt McCabe writes to Enda Kenny to relay his concerns over not being interviewed for the internal Garda inquiry into the quashing of penalty points, saying he had “serious concerns regarding not being contacted or interviewed regarding my allegations. It would appear that the (O’Mahony) investigation is complete and if this is the case it’s a shocking development. One would imagine that I would be one of the first to be interviewed“. [This is reported by RTÉ on February 23, 2014].

May 5, 2013: Philip Ryan, in the Sunday Independent reports that the original allegations made by Sgt McCabe and John Wilson include details that some motorists, who were involved in fatal accidents, had penalty points quashed both before and after fatal accidents.

May 9, 2013: GSOC publishes a 12-page report in relation to its Boylan inquiry on its website but can’t publish its actual findings or report. The publication of the 12-page report follows the decision by the DPP – on April 23, 2013 – that no prosecutions were warranted after it received a 500-page report into the Kieran Boylan collusion allegations by GSOC in December 2012. GSOC reports ‘grave concern’ about ‘deficiencies’ in the Garda informant management system and criticises An Garda Síochána for delaying their investigation.

It states that: “Delays in access to documentation and intelligence held by the Garda Síochána were a consistent feature of this inquiry. The Ombudsman Commission, under the present protocols, is wholly reliant upon assurances from the Garda Síochána that the evidence and information they have supplied represents the totality of such information held. This leaves scope to question the completeness and independence of oversight.”

It also stated: “The Ombudsman Commission is reliant upon Garda members to access the PULSE System and other computerised intelligence systems on its behalf. The absence of any independent access to these systems again raises issues around the effectiveness of the Ombudsman Commission’s oversight investigative function.”

And it recommended that: “…the disclosure and transfer, to the Ombudsman Commission, of evidence and information belonging to, held by or in the possession of the Garda Síochána, in criminal investigations, be bolstered, either through legislation or other means, to ensure full, verifiable, timely and unredacted provision. This should include the supply of sensitive and/or informant-related intelligence to the Ombudsman Commission.”

The report also states that GSOC believes that many of the recommendations made by the Morris Tribunal remain relevant. Garda Commissioner Martin Callinan rejects the criticism and says gardaí did co-operate with GSOC.

May 15, 2013: An internal Garda report into the penalty point allegations led by Assistant Commissioner John O’Mahoney concludes there was no such widespread quashing of penalty points.

May 16, 2013: Justice Minister Alan Shatter and Mick Wallace appear on Prime Time to talk about the Assistant Commissioner John O’Mahoney’s penalty points report. During their discussion, Mr Shatter accuses Mr Wallace of having been stopped by the Gardaí in May 2012. Mr Shatter says Mr Wallace was on his phone while driving, saying: “Deputy Wallace himself was stopped with a mobile, on a mobile phone last May, by members of An Garda Síochána and he was advised by the guard who stopped him that a fixed ticket charge could issue and you would be, he could be given penalty points.”

May 20, 2013: Mick Wallace goes on RTÉ’s Pat Kenny Show and says he can recall an incident involving Gardaí a the Five Lamps on the North Circular Road but that he was neither stopped nor warned. Instead, he says: “I was parked at the lights and a Garda vehicle came up beside me. And I was on the phone…which I know, I was wrong, I shouldn’t have been on it. The guard..I rolled down the window, the guard rolled down his window. There was two guards there. And I said ‘oh’, I just had my hand up and they said ‘it’s OK’. And, left it at that. And we just, we made small talk after for maybe about 15/20 seconds and the lights went green and I drove on straight and they pulled out. The guards were friendly.”

Mr Wallace says he plans to make a complaint to the Standards In Public Office Commission (SIPO). He lodges a complaint with the Data Protection Commissioner Billy Hawkes about the disclosure of information by Minister Shatter.

May 21, 2013: Minister Shatter tells the Dáil, Garda Commissioner Martin Callinan told him about Mr Wallace and the incident at the Five Lamps.

May 27, 2013: Sgt McCabe emails Enda Kenny about the penalty points controversy, in which he refers to what Mr Connolly warned him, writing: “Mr Shatter is in the public spotlight at the moment, and unlike him, I do not intend to play the man and not the ball. It is suffice to say that my figures are correct, my allegations are correct, and despite receiving information that Mr Shatter would ‘go after me’ if I brought the matter further, I am standing firm.” [This is reported by Michael Clifford, in the Irish Examiner on February 20, 2014]

Summer [date unknown] 2013: It’s understood GSOC decided to take out a section of a report into Kieran Boylan out of the report, prior to publication but a couple of weeks later this section was mentioned to GSOC chairman Simon O’Brien. The person who mentioned the section was Martin Callinan. A few months previous a senior member of Garda management rang GSOC and threatened to use analysts to find out where The Sunday Times were getting their information from. [John Mooney, of the Sunday Times, reported this on Tonight With Vincent Browne on February 18, 2014]

September 2013: GSOC hires UK security experts Verrimus to carry out a secret surveillance sweep of its offices in Upper Abbey Street, Dublin 1. Two ‘technical anomalies’ or security threats were discovered by Verrimus.

September 16, 2013: Broadsheet reports that group editor of the Irish Independent, The Herald and the Sunday Independent, Stephen Rae had penalty points, which were incurred on November 5, 2009, quashed.

September 20, 2013: A Justice Department senior official wrote to Sgt MCabe telling him he should give any material he had to a member of the Oireachtas, or an Oireachtas Committee or to another legally-allowed recipient. [RTÉ reports this on February 23, 20140].

October 1, 2013: The Comptroller and Auditor General issues a report which finds one in five motorists avoided penalty points because their cases were not pursued. For 2011 and 2012 – the C&AG found approximately 2,900 cases were terminated for around 700 vehicles, with three or more cases terminated each. [On February 22, 2014, Fianna Fáil John McGuinness said on RTÉ Saturday With Claire Byrne that Sgt McCabe gave the C&AG information to help them with their report into the quashing of penalty points].

October 2, 2013: In light of the C&AG report, Minister Shatter referred to the two whistleblowers when he accuses them of not cooperating with the garda investigation that had taken place, saying: ‘In so far as individuals who raised issues, are alleging that the Garda reports published are untrue, let them bring forward the chapter and verse and proof of that. I’m open to being convinced, but they haven’t done so. Indeed, having engaged with members of this House, and published material, they didn’t cooperate with the Garda investigations that took place. Now I don’t know why that is.’

October 7, 2013: Verrimus identifies a third security threat and it’s understood the equipment used is only available to government-level agencies.

October 8, 2013: GSOC launches a public interest investigation under the Garda Síochána Act on suspicion surveillance may have originated from within the force.

Late October [day unknown], 2013: Sgt McCabe writes to Minister Shatter asking him to explain who told him that Sgt McCabe was “offered the opportunity… to submit any evidence or other relevant information…. but did not do so”, before adding that he was “never afforded a right of reply or a right of response” after he complained about alleged quashing of points by certain gardaí. Sgt McCabe asked the Justice Department to supply him with any documents that suppoted the claim that he had not co-operated. [RTÉ reports this on February 23, 2014]

November 20, 2013: Garda Commissioner Martin Callinan appears before the Public Service Oversight and Petitions Committee in relation to GSOC’s Boylan report. Responding to claims that certain informants were run ‘off the books’, Mr Callinan said neither he nor any of his senior team was aware of gardaí bypassing the Covert Human Intelligence Source (CHIS) system. He said: “I can assure you that, as far as I am aware, I am not aware of any such activity and if GSOC have any evidence that that is occurring I will deal with it very, very firmly. ” When asked how a person could have the oversight to catch gardaí who worked outside of CHIS, he said: “How do you cater for something you don’t know about?”.

He also said that if GSOC had any information that informants were being run ‘off the books’ then it should be passed on to him and he’d deal with it firmly.

November 21, 2013: It’s reported that Garda Commissioner Martin Callinan has written to the Public Accounts Committee asking for the return of a ‘box of evidence’ that a whistleblower [Sgt Maurice McCabe] gave to the chair of the committee, John McGuinness. It’s believed to contain previously undisclosed information about the alleged quashing of points and subsequent loss of revenue to the State.

November 22, 2013: The Dáil hears a debate on the Road Traffic Bill 2013. During the debate Fianna Fáil TD Timothy Dooley proposed that the maximum jail sentence for fleeing the scene of an accident causing injury would be up to 10 years and/or a fine of up to €5,000 instead of the current six months. He also proposed that the length of time a garda can test a hit-and-run suspect for alcohol and drugs be extended from three hours to 24 hours after the incident. Mr Dooley was approached by hit-and-run victim Shane O’Farrell’s family about these legislation changes. During the debate Independent TD, Finian McGrath addressed Transport Minister Leo Varadkar about how the man who killed Mr O’Farrell, 23 – and who was later acquitted of his killing – was stopped by gardaí just an hour before the hit-and-run.

Mr McGrath said: “An hour before her [Lucia O’Farrell’s] son, Shane, was killed, the particular individuals were pulled up an hour earlier at a Garda checkpoint and there was no alcohol on the driver. The driver was asked to switch as he was also uninsured. This implied that an hour earlier he was alcohol free when he murdered her son, Shane. This was not a Garda checkpoint. This was an unmarked drug squad car, sitting in a ditch that had pulled up this car as the registration was flagged on their system. No breathalyser was used, no drink test at the side of the road. They were asked then to switch the drivers and they were searched. They were waved on.”

December 3, 2013: Sgt McCabe writes to Minister Shatter again to say he’s “very concerned that someone has told Minister Shatter information about me of a very serious nature and I am being refused the right to know the identity of the person or persons who advised him. I want to know now who advised Minister Shatter of this and when. If you refuse to give me this information I would like to know the reason why you are refusing me? I have the right to know who passed this information to Minister Shatter and when.’ [RTE reports this on February 23, 2014].

December 4, 2013: A Justice Department senior official emails Sgt McCabe saying Sgt McCabe was offered the chance to provide more evidence to the head of the internal penalty points inquiry, Assistant Commissioner John O’Mahony, saying “our understanding on this comes from the Garda Commissioner“. [RTÉ reports this on February 23, 2014].
December [day unknown] 2013: GSOC decides to improve the security at its offices on Abbey Street, in Dublin. GSOC chairman Simon O’Brien decides not to tell Justice Minister Alan Shatter of Verrimus’ findings.

January 23, 2014: Garda Commissioner Martin Callinan appears before the Public Accounts Committee to discuss the C&AG report in relation to the fixed charge notice system. Commissioner Callinan was accompanied by Assistant Commissioner John O’Mahoney, who carried out the internal Garda investigation into the penalty point allegations. During their discussions, Sinn Féin’s Mary Lou McDonald asked Mr O’Mahoney: “Am I right to state that at no stage in the course of Assistant Commissioner O’Mahoney’s investigation did he speak to or interview the whistleblowers?” Mr O’Mahoney replied: “That is correct.” The TD asked why and Mr O’Mahoney replied: “First and foremost the documentation provided to the Commissioner and subsequently to me was unsigned and unattributed. I proceeded with my examination on the basis I was dealing with anonymous allegations.” Also during his appearance, the Commissioner describes it as ‘quite disgusting’ that two members of a 13,000-strong Garda force would make ‘extraordinary allegations’ while there’s not a ‘whisper’ from other members of the Gardaí of ‘corruption or malpractice’.

January 24, 2014: It’s reported that Commissioner Callinan has consulted the Attorney General’s office about preventing Sgt McCabe from going before PAC.

January 28, 2014: Minister Shatter reveals that GSOC will hold a new penalty points inquiry.

January 29, 2014: GSOC’s chairman Kieran Fitzgerald says, in relation to its investigation into the quashing of penalty points, it would seek access to the Garda PULSE system. He also said he hopes the probe will get better and quicker co-operation from Garda management than in previous investigations.

January 30, 2014: Sgt Maurice McCabe gives nearly three hours of evidence to the Public Accounts Committee. He later requests a transcript of this meeting, the outcome of which is understood to be still pending.

February 5, 2014: Independent TD Mick Wallace reads into the Dáil record a section of a transcript of a conversation between Sgt McCabe and the Garda Confidential Recipient Oliver Connolly, from February 9, 2012. Mr Wallace says: ‘It includes the following: “I’ll tell you something, Maurice, and this is just personal advice to you. If Shatter thinks you’re screwing him, you’re finished”.’ This is the second time Mick Wallace reads this into Dáil record. He first read it out on December 4, 2012.

February 8, 2014: Michael Clifford, of the Irish Examiner, writes that a complaint was made to the Garda Confidential Recipient in January 2012 against Commissioner Martin Callinan – over his intentions to promote a senior officer who was under investigation. Mr Clifford writes that the complaint against the Commissioner was given to the Commissioner to deal with. The Commissioner ‘quickly responded that the complaint had no basis’.

February 9, 2014: John Mooney, of The Sunday Times, reports there were three attempts to either spy on or bug GSOC’s offices in Dublin.

February 10, 2014: Taoiseach Enda Kenny claims thatthe GSOC under Mr O’Brien should have reported the Verrimus investigation to Minister Shatter but this is not the case. The minister holds a two-hour meeting with Mr O’Brien, who later makes a statement to say the threats could not be comprehensively explained, that ‘there was no evidence of Garda misconduct’ and that he regretted not telling Minister Shatter about the Verrimus investigation. Fine Gael/Labour coalition reject calls for an independent inquiry.

February 11, 2014: Mr O’Brien and Mr Callinan meet for two hours and both agree to move on from the incident. The Association of Garda Sergeants and Inspectors call on Mr O’Brien to resign. Minister Shatter tells Dáil the claims of bugging were ‘baseless innuendo’. He says GSOC ‘ concluded that no definitive evidence of unauthorised technical or electronic surveillance of their offices was found. Moreover, they have informed me that their databases have not been compromised. In other words, it has not been established that the offices of the Ombudsman Commission were subject to surveillance.’ He also said: ‘There was no specific concern which caused GSOC to organise the security sweep, which was carried out by a security firm based in Britain. It was a routine sweep.’ Also in the Dáil, Enda Kenny said: ‘If you’re asking me ‘was the office bugged, what I’m saying to you, in the words of GSOC that they found, following the investigation, no evidence of sophisticated evidence of unauthorised technical or electronic surveillance of their offices found, I think that’s pretty clear.”

GSOC’s Kieran Fitzgerald goes on RTÉ’s Prime Time and says that while GSOC cannot say definitively they were under surveillance, the chance that one of the anomalies being innocent was ‘remote to zero’.

February 11, 2014: Fianna Fáil leader Mícheal Martin, during Leader’s Questions, repeats some of what Mr Wallace read into the Dáil a week previous and some more – from the taped conversation between Sgt McCabe and Oliver Connolly on February 9, 2012.

February 12, 2014: Enda Kenny announces that he has asked the Department of Justice to furnish him with a report into the alleged comments about Shatter going after Sgt McCabe.

February 12, 2014: Minister Shatter says: “There’s a reference to some transcript. I’m not privy to the transcript, I don’t know anything about the meeting that took place, I don’t know how the transcript was created.”

February 12, 2014: Mr O’Brien tells the Public Service Oversight and Petitions Oireachtas Committee that he suspects GSOC was bugged and that it could have been gardaí. He tells the committee that GSOC held meetings in cafés on Capel Street in Dublin because they were afraid they were being bugged.

February 13, 2014: Tánaiste Eamon Gilmore tells the Dáil he believes no State agency was involved in any suspected GSOC bugging. On RTÉ’s Prime Time, Minister Shatter is asked why his account of events in the Dáil on February 11 was different to that given by the GSOC chairman Simon O’Brien to the Oireachtas committee on February 12, and to that of Kieran Fitzgerald on Prime Time on February 11. Mr Shatter put it down to general confusion while also insisting what he said in the Dáil was exactly what GSOC told him.

February 18, 2014: Broadsheet posts the full transcript of the conversation between Oliver Connolly and Sgt Maurice McCabe.

February 19, 2014: Garda Confidential Recipient Oliver Connolly is sacked.

February 19, 2014: Fianna Fáil leader Micheal Martin says he has documents, obtained from Sgt McCabe, suggesting that gardaí failed to act on allegations of abduction, assault, murder and other serious crimes. He says he’s passed them on to the Department of the Taoiseach for full investigation.

February 19, 2014: Government appoints retired High Court Judge John Cooke to conduct the Independent Inquiry into Reports of Unlawful Surveillance of GSOC.

February 20, 2014: Minister Shatter releases a statement into the sacking of Mr Connolly, saying: “I informed him that in the context of his failure to unequivocally repudiate the content of the alleged conversation or take the necessary action to restore public confidence in the office of Confidential Recipient, I believed his position was untenable and I had no alternative but to relieve him of the position.”

February 21, 2014: Broadsheet posts a letter dated December 17, 2012, which was sent from the assistant secretary at the Department of Justice, and which was forwarded to Enda Kenny and Leo Varadkar’s departments. As mentioned above, the letter is, in the main, in response to an email Sgt McCabe sent on December 12, 2012 in relation to the quashing of penalty points. But it also refers to the dossier of serious complaints that Sgt McCabe made to the confidential recipient in January and which has been passed on to the Taoiseach, via Fianna Fáil’s Mícheal Martin.

February 22, 2014: Fianna Fáil TD John McGuinness, speaking on Saturday With Claire Byrne, reveals a third whistleblower, believed to be a female Garda, is set to come forward with fresh allegations against Garda practices within the next week. Mr McGuinness also recalls the case of 23-year-old Shane O’Farrell who was killed in a hit-and-run outside Carrickmacross, Co.Monaghan on August 2, 2011 by Zigimantas Gridzuiska, 39, from Lithuania. Gridzuiska had 42 previous convictions in three different jurisdictions and was out on bail at the time of the killing. Judge Pat McCartan acquitted him of dangerous driving causing death. He was then given the choice of eight months in prison or to leave the country within 21 days. He chose to leave.

February 23, 2014: Philip Ryan, in the Sunday Independent, reports that attempts were made by Garda colleagues to blame Sgt McCabe for releasing Jerry McGrath from custody before McGrath went on to kill Sylvia Roche Kelly.

Sources: Sunday Times, Irish Examiner, Phoenix magazine, RTÉ, Sunday Independent, Irish Times, Irish Independent, Irish Daily Mail, Mail on Sunday, and RTÉ.

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[A letter dated December 17, 2012 from the assistant secretary at the Department of Justice to Garda whistleblower Sergeant Maurice McCabe cc-ed to Enda Kenny and Leo Varadkar]

Stick that up your junta.

Context

UPDATE:

On Drivetime, presenter Mary Wilson played a clip from an interview RTÉ’s Teresa Mannion had with Enda Kenny in Castlebar, Co. Mayo, earlier today.

Enda Kenny: “I’ve received information in the last two days which contains grave allegations, as I’ve said. Now I have to take time to read and examine that properly. I responded to Deputy Micheal Martin yesterday for his having presented me with this documentation. And I’ve asked if there’s any further information that he has, or documentation, because it appears as if it’s incomplete.”

Teresa Mannion: “And Taoiseach, this was the first time you laid eyes on this sort of information?”

Kenny: “That documentation was presented to me on Wednesday night. And, as I said publically, there are serious allegations in there. We need to follow up properly, carefully and in a considerate fashion.”

Mannion: “But the Justice Minister had this information for two years and nothing was done with it.”

Kenny: “The minister has ordered a review now of all of the correspondence between his department and the whistleblower – the minister will deal with that.”