Tag Archives: Disclosures Tribunal

From top: Maurice McCabe and Former Garda Commissioner Martin Callinan at Dublin Castle this afternoon

This afternoon.

At the Disclosures Tribunal in Dublin Castle.

Former Garda Commissioner Martin Callinan gave evidence before Supreme Court judge Peter Charleton who is examining allegations of a smear campaign against Garda whistleblower Sgt Maurice McCabe.

Mr Callinan said Sgt McCabe was right to report his allegations of wrongdoing and that he was “proved to be correct on quite a large amount of the issues that he has raised” before adding “and we know the criticism in relation to other matters”.

Mr Callinan also said that he would be the first to acknowledge that Sgt McCabe “has identified and did identify weaknesses in my system”.

Earlier: Meanwhile At The Disclosures Tribunal

UPDATE:

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From top: Sgt Maurice McCabe and Lorraine McCabe; Former head of the Garda Press Office Supt Dave Taylor

This morning.

The Disclosures Tribunal will hear from Supt Dave Taylor.

Supt Taylor – who was head of the Garda Press Office from July 2012 until June 2014 – is scheduled to give evidence for the next three days.

Over the next two weeks, he’ll be followed by his wife Michelle Taylor, former Justice Minister Alan Shatter, and former Garda Commissioners Martin Callinan and Noirin O’Sullivan.

After that, it’s understood a number of journalists are scheduled to give evidence.

The tribunal is examining claims made by Supt Taylor that he was instructed by former Garda Commissioner Martin Callinan, with the knowledge of Deputy Commissioner Noirin O’Sullivan, to negatively brief journalists about Garda whistleblower Sgt Maurice McCabe.

He’s also since told the tribunal that the director of communications Andrew McLindon – who took up his role in September 2013 – was also aware of what was allegedly happening.

Mr Callinan, Ms O’Sullivan and Mr McLindon all deny the claims.

The tribunal has already heard Supt Taylor claimed in his disclosure that he was directed to draw journalists’ attention to a complaint of sexual assault made against Sgt McCabe in 2006 by the daughter of a Garda colleague, known as Ms D – which the DPP found had no foundation in April 2007 – to the effect that this was the “root cause” of Sgt McCabe’s complaints about malpractice within An Garda Siochana.

The tribunal’s chairman Supreme Court judge Peter Charleton has already told the tribunal that Supt Taylor has “softened” his position towards Ms O’Sullivan over the course of three statements he has made to the tribunal since he made his protected disclosure on September 30, 2016.

The tribunal hasn’t heard specific details of this “softening”.

A few days before Supt Taylor made his protected disclosure on September 30, 2016, Sgt McCabe made his own protected disclosure.

This, the tribunal has heard, came on foot of a discussion he had with Supt Taylor, and his wife Michelle, at the couple’s home on September 20, 2016.

In his evidence to the tribunal, Sgt McCabe said Supt Taylor was upset and told him he had recently spoken to a spiritual person and that he felt he had to confess to Sgt McCabe that he “destroyed” him.

Sgt McCabe told Judge Charleton that Supt Taylor said there had been an orchestrated campaign – ordered by the then Garda Commissioner Martin Callinan – to attack Sgt McCabe and the campaign was in the form of whispering, phone calls and text messages.

Mr Callinan denies this.

Sgt McCabe also said Supt Taylor told him that Mr Callinan always wrote the texts and that Supt Taylor was told to send them on to journalists, other senior gardai, and a number of TDs.

Sgt McCabe said Supt Taylor also told him that he would send one of these texts to Ms O’Sullivan.

Sgt McCabe said Supt Taylor told him he would have sent hundreds of text messages, if not thousands, and that he referred to Ms O’Sullivan as the “pusher”.

After Sgt McCabe gave his evidence, Tara Burns BL, for Supt Taylor, told the tribunal it’s Supt Taylor’s position that when he referred to ‘pusher’, he was telling Sgt McCabe that Ms O’Sullivan was pursuing a prosecution against him [Supt Taylor].

Sgt McCabe did not agree.

Ms Burns also contended that Supt Taylor never said Mr Callinan composed any texts and that he didn’t say he sent hundreds of texts relating to the alleged smear campaign or Ms D allegation but, instead, he sent text messages informing the recipients about any media reports concerning Sgt McCabe.

Sgt McCabe didn’t agree with these claims either.

It’s likely Supt Taylor will be asked what exactly he claims to have told journalists about Sgt McCabe, which journalists he told and when/how did he tell them.

It’s likely he’ll be asked about the run-up to the Public Accounts Committee meeting on Thursday, January 23, 2014 – in which the then Garda Commissioner Noirin O’Sullivan made his infamous “disgusting” remark” – and events of that day.

The tribunal has already heard that prior to this meeting there were a number of “pre-PAC” meetings to prepare for Mr Callinan’s appearance and that notes from these meetings show Sgt McCabe and the Ms D allegation were discussed.

Although RTE journalist and former Crimecall presenter Philip Boucher Hayes has yet to give evidence, the tribunal’s opening statement has already outlined Mr Hayes has told the tribunal, on December 17, 2013, in RTE, Mr Hayes had a private conversation with Mr Callinan in which Mr Callinan told him Sgt McCabe was not to be trusted and that he was a “troubled individual” with a “lot of psychological issues and psychiatric issues”.

This came about, according to Mr Hayes, after a row broke out between the gardai and the producers of Crimecall over whether they could ask Mr Callinan about the penalty points controversy at the time.

Mr Boucher Hayes claims Mr Callinan told him Sgt McCabe was famous in An Garda Siochana for a set of grievances he had against Garda management and that there were other things he could tell Mr Boucher Hayes about him – “horrific things, the worst kind of thing” – but he didn’t elaborate further.

The journalist also alleges that Mr Callinan told him that if he wanted to know about Sgt McCabe or the penalty points issue, to contact Supt Dave Taylor.

Mr Boucher Hayes claims, after this, Supt Taylor immediately “buttonholed” him and said: “Now do you understand what the problem with Maurice McCabe and the penalty points is?”

When Mr McLindon gave evidence, he told the tribunal he couldn’t recall penalty points ever having been raised by Mr Hayes that day but did say he saw the two men speak privately.

The tribunal has also already heard that Supt Taylor claims he heard Mr Callinan refer to Sgt McCabe as a “kiddie fiddler” to Fianna Fail TD John McGuinness after the meeting of the Public Accounts Committee on January 23, 2014.

Fine Gael TD John Deasy has told the tribunal that on the way to the same PAC meeting he had a brief conversation with Mr Callinan and that Mr Callinan told him Sgt McCabe was not to be believed or trusted with anything.

The Comptroller and Auditor General Seamus McCarthy – whose report into the quashing of penalty points was being discussed at that PAC meeting – has also told the tribunal that, on the same day, Mr Callinan told him Sgt McCabe was not to be trusted, that he had questions to answer, and that there were allegations of sexual offences against him.

Mr Callinan denies all these claims.

It’s also expected that Supt Taylor will be asked about his knowledge of the so-called carpark meeting at Bewley’s Hotel on the Naas Road, between Mr Callinan and Fianna Fail TD John McGuinness on Friday, January 24, 2014, during which Mr Callinan allegedly told Mr McGuinness Sgt McCabe sexually abused his children and nieces.

Mr Callinan denies saying this.

Supt Taylor will also likely be asked about his involvement, if any, in the briefing of solicitor Gerald Kean before he went on RTE’s Marian Finucane Show.

During the show, Mr Kean emphatically, and repeatedly, alleged that Sgt McCabe and former Garda John Wilson didn’t cooperate with an internal Garda investigation into the quashing of penalty points by Assistant Commissioner John O’Mahoney in 2013.

Sgt McCabe and Mr Wilson later sued over the comments.

In relation to the Garda phones used by Supt Taylor during his time in the Garda Press Office, the tribunal has already heard that he had the use of three phones during that period – from July 2012 to June 2014 – but none of these have been surrendered to the tribunal.

However, it’s understood billing records from these phones should be available.

The tribunal has also heard details of three phones seized from Supt Taylor – in December 2014, February 2015 and May 2015, during the course of the investigation into leaks.

During this time period, Supt Taylor was not working in the Garda Press Office.

After Ms O’Sullivan took over as Garda Commissioner, following Mr Callinan’s resignation in March 2014, Supt Taylor was transferred to the Traffic Department and, from June 2014, he was there until he was suspended and arrested in May 2015 for allegedly leaking material to journalists.

He didn’t return to work in the Traffic Department until February 14, 2017 – the day after the DPP ruled there was to be no prosecution for a second time with the previous similar ruling having been made in February 2016.

As mentioned above, Supt Taylor told Sgt McCabe about the alleged smear campaign in September 2016.

The tribunal heard evidence from Chief Supt Francis Clerkin last week about his criminal investigation into Supt Taylor.

Chief Supt Clerkin explained his criminal investigation into Supt Taylor was prompted by communications he discovered Supt Taylor had with journalists while he was separately investigating leaks to the media concerning two Roma children in October 2013.

CS Clerkin said Assistant Commissioner John Twomey appointed him to carry out the investigation into the leaking of information regarding the Roma children on July 2014 and, in turn, he chose Detective Superintendent Jim McGowan (Ms O’Sullivan’s husband), Inspector Dave Gallagher, Sergeant Thelma Waters, Sergeant Brian Kavanagh and Garda Ross Rowan to the investigation team.

In early or mid-December 2014, CS Clerkin obtained phone billing records – which An Garda Siochana can obtain as they pay for the phones.

They showed that the district officer in Tallaght had been in touch with Supt Taylor around the time of the Roma children being taken into care and that Supt Taylor had been in contact with the journalist who wrote the exclusive about the Roma children. This was after Supt Taylor told CS Clerkin that he first heard about the Roma children in the media.

CS Clerkin said the billing records also showed that Supt Taylor, while he was in Traffic, had 11,000 communications with journalists between September 2014 and December 2014 – a quarter (2,800) of which were with Eavan Murray, of the Irish Sun; while 190 were with John Mooney, of the Sunday Times, and 17 were with Juno McEnroe, of the Irish Examiner.

Three of Supt Taylor’s phones were subsequently seized – on December 18, 2014, on Februrary 19, 2015 and May 2015.

CS Clerkin has told the tribunal that when he seized Supt Taylor’s phone (SM3) on December 18, 2014, he sealed it and gave it to Det Supt McGowan with a view to examining it later.

CS Clerkin said the investigating team had hoped to see texts going back to October 2013 – when Supt Taylor was in the Garda Press Office and when the incident with the Roma children occurred – but no such information was on the phone as it had only been issued to Supt Taylor in September 2014 and Supt Taylor had taken the old (2013) phone away with him at that time.

After learning that Supt Taylor had been requesting information about incidents from other gardai, CS Clerkin said he seized Supt Taylor’s second phone (SM2) on February 19, 2015. He also had his laptop (SM5) also seized on this day.

He was later arrested in May 2015 and, the tribunal heard that, other than confirming his name, mobile number and email address, Supt Taylor replied ‘no comment’ for the duration of six interviews and being in custody for up to 18 hours.

It was around this time his third phone (SM4) was surrendered to CS Clerkin.

A file went to the DPP on August 4, 2015 and CS Clerkin recommended that he be prosecuted for disclosing information to numerous journalists between October 21, 2013 and February 19, 2015, contrary to Section 62(2) of the Garda Síochána Act 2005.

On February 17, 2016, the DPP recommended no prosecution. The DPP said:

“While highly suspicious, I do not think that it is possible to prove beyond reasonable doubt that the suspect disclosed confidential information. Therefore, I direct no prosecution.”

The gardai then asked a second time if the DPP would reconsider a prosecution against Supt Taylor in relation to disclosing personal data without the prior authority of the Data Controller.

This lead to a final direction being given by the DPP on February 13, 2017.

Supt Taylor went back to work the following day, February 14, 2017.

It’s likely that Supt Taylor will be asked about visits made by certain journalists to the home of Ms D in February/March 2014 – specifically that of Debbie McCann, of the Irish Mail on Sunday and Eavan Murray, of the Irish Sun, in February/March 2014.

Neither Ms McCann nor Ms Murray wrote about Ms D.

It’s also likely that Supt Taylor will also be asked his contact with Paul Williams, of the Irish Independent, who interviewed and did a video interview with Ms D in Marc h 2014 and subsequently wrote four articles about her in April and May 2014.

Meanwhile, Sgt McCabe has also told the tribunal that Supt Taylor told him Supt Noel Cunningham told him [Taylor] that Ms O’Sullivan was after “throwing me under a bus” when she referred a claim presented at the O’Higgins Commission of Investigation – which pertained to Supt Cunningham and another sergeant and their famous Mullingar meeting with Sgt McCabe in August 2008 – to GSOC in May 2016.

Ms O’Sullivan referred the matter to GSOC even though, at the same time, she told the tribunal she understood the matter to have just been a mistake.

Judge Charleton specifically said the decision to send the matter to GSOC – given it was understood to be an error – “..is something that I won’t understand until my dying day”.

The tribunal begins this morning at 11am.

Previously: ‘I Destroyed You,’ He Kept Saying, ‘I Destroyed You’

Lost Phones. Missing Laptops, Damaged iPads

The Mullingar Meeting

Disclosures Tribunal: Anomalies

Rollingnews

UPDATE:

Mark McConnell and Elaine Strachan, both of Forensic Science Northern Ireland, arriving at the Disclosures Tribunal yesterday

The Disclosures Tribunal resumes this morning.

Olga Cronin is live tweeting for the ‘sheet here.

The Tribunal has heard a lot of information about phones, laptops, iPads, computers and Garda electronic systems used by former Garda Commissioners Martin Callinan and Noirin O’Sullivan, and former head of the Garda Press Office Supt Dave Taylor.

It also heard from members of Forensic Science Northern Ireland Elaine Strachan and Mark McConnell who examined certain devices pertaining to Mr Callinan, Ms O’Sullivan and Supt Taylor, and Garda IT systems.

Judge Peter Charleton is tasked with examining all of the telecommunication interactions between Mr Callinan, Ms O’Sullivan and Supt Taylor between July 1, 2012 and May 31, 2014 – the period of time in which Supt Taylor was the head of the Garda Press Office.

On September 30, 2016, Supt Taylor made a protected disclosure claiming that, during his time as the head of the Garda Press Office, he was instructed by Mr Callinan, with the knowledge of Ms O’Sullivan, to negatively brief journalists about Garda whistleblower Sgt Maurice McCabe.

He later alleged to the tribunal’s investigators that the director of communications at An Garda Siochana Andrew McLindon was also aware of the alleged smear campaign.

Mr Callinan, Ms O’Sullivan and Mr McLindon all deny the claims.

At the time he made this protected disclosure, Supt Taylor was under investigation for allegedly leaking material to journalists – after having been suspended from duty in April 2015 and arrested in May 2015.

The tribunal heard extensive evidence from Chief Supt Francis Clerkin about this criminal investigation and how the DPP ultimately ruled there would be no prosecution against Supt Taylor on February 13, 2017.

The DPP’s decision came following a week of significant political controversy about Sgt Maurice McCabe.

Chief Supt Clerkin explained his criminal investigation was prompted by communications he discovered Supt Taylor had with journalists when he was no longer working the Garda Press Office – while he [CS Clerkin] was investigating leaks to the media concerning two Roma children in October 2013. [This matter gave rise to Children Ombudsman Emily Logan’s inquiry].

This morning, from 10am, the tribunal is expected to hear about a parallel disciplinary investigation into Supt Taylor which was dropped in February of this year.

Today the tribunal will also hear from a witness about the examination of other Garda IT systems to which the FSNI were not granted access.

The tribunal has already heard Supt Taylor claimed in his disclosure that he was directed to draw journalists’ attention to a complaint of sexual assault made against Sgt McCabe in 2006 by the daughter of a Garda colleague – which the DPP found had no foundation in April 2007 – to the effect that this was the “root cause” of Sgt McCabe’s complaints about malpractice within An Garda Siochana.

The tribunal has already heard that four journalists were either in contact or attempted to contact the D family in early 2014 – when Supt Taylor was still head of the Garda Press Office.

They are Debbie McCann, of the Irish Mail on Sunday; Eavan Murray, of the Irish Sun; Michael O’Toole, of the Irish Daily Star; and Paul Williams, of the Irish Independent.

Mr Williams interviewed Ms D – and carried out a video interview with Ms D – on March 8, 2014, and he subsequently wrote several articles about Ms D.

The tribunal has heard Mr Williams was the only journalist to write about Ms D in 2014.

Mr Williams’ articles were published on April 12, 15, 16 and May 3, 2014.

During the timespan of these articles, on April 29, 2014, Ms D emailed the Garda Siochana Ombudsman Commission (GSOC) claiming her allegation of sexual assault was not properly investigated and, a day later, on April 30, 2014, she met Fianna Fáil leader Micheal Martin in the Dáil.

Mr William flagged Ms D’s desire to make a complaint to GSOC and to meet Mr Martin in his earlier articles.

Not long after these articles, a false rape allegation – following a botched referral to Tusla and a further botched referal from Tusla to An Garda Siochana – against Sgt McCabe made its way to Ms O’Sullivan’s office in May 2014 and remained there until the beginning of the Disclosures Tribunal.

Last summer, the tribunal heard evidence that Mr Williams came to interview Ms D following a conversation between Mr D and a mutual Garda friend of Mr D and Mr Williams, Det Supt John O’Reilly.

It also heard evidence last summer – from Mrs D – who said Ms McCann was effectively turned away from the D home by Mrs D, while Ms Murray had a cup of tea with Mr and Mrs D.

Both these visits were said to have taken place late February/early March 2014.

Neither Ms McCann nor Ms Murray wrote articles about Ms D.

Mr D told the tribunal that Mr O’Toole sent him a message on Facebook, also around that time, but Mr D said they didn’t discuss the case.

Mr O’Toole didn’t write an article about Ms D.

It’s expected that the journalists who made contact with the D family during this time period will be asked if they were prompted to do so by Supt Taylor.

But going back to the phones and laptops…

Phones

The tribunal has heard that – during the time period in which Supt Taylor was head of the Garda Press Office – Ms O’Sullivan had the use of six phones.

Only one – an iPhone – was surrendered to the tribunal.

The tribunal heard that this iPhone had been given to her son as a “hand-me-down” phone and, following an examination by Forensic Service North Ireland, was found to have only information pertaining to her son.

In relation to the phones used by Mr Callinan during this same timeframe, the tribunal heard he also had the use of six phones – and two were surrendered to the tribunal.

One of the surrendered phones (a Nokia 520) had been sent for repair as the screen was damaged and it was then reissued to a Supt Howard.

It was wiped before it was given to Supt Howard so, therefore, Elaine Strachan, of the FSNI, told the tribunal no information on the phone pertained to Mr Callinan.

The second surrendered phone (a Nokia Lumia) was issued to Mr Callinan in December 2013 and it was the last phone issued to Mr Callinan before he stepped down from his position in March 2014.

This Nokia Lumia was originally surrendered to the Fennelly Commission which was set up in April 2014 with one of its strands involving he examination of the circumstances of Mr Callinan’s retirement in March 2014.

On this phone, Ms Strachan told the tribunal she found 1,100-plus contacts, including deleted contacts, and 278 text messages recovered from the handset – 277 of which had been deleted.

There were also 241 emails stored on the memory of the phone, including some which were deleted.

In relation to the deleted texts, the tribunal heard that it wasn’t possible to identify the direction of the texts – as to whether it was an incoming text or an outgoing text and so it wasn’t possible to identify the sender or recipient of the texts.

Ms Strachan also found contacts stored on Mr Callinan’s phone which might be considered relevant to the tribunal.

Kathleen Leader BL, for the tribunal, read out a selection of these contacts. She said:

“Con Noel”, which perhaps is Noel Cunningham; at number 8 there is “Diarmuid O’Sullivan”; number 14, there is a “Leo McGinn”; number 15, a “J McCann”; number 24, “Paul Reynolds”; 25, “Brian Purcell”; 28, “J Sheridan”; 29, a “O’Sullivan Diarmuid”; and there is a “Tom Brady””

Tara Burns BL, for Supt Taylor, did read out one text from a phone belong to Mr Callinan – which was sent on March 28, 2014, and read:

“Commissioner,
I feel so sorry for the way you have been treated. It’s despicable. You will always be the boss to me and I am proud to have served under you and worked with you. You were inspirational to me. I wish you and your family all the best for the future, and if I can do anything to help, please let me know. Dave.”

This text, Ms Burns pointed out, was noted “deleted carved”.

Ms Strachan’s examination of the texts pertaining to the ‘Fennelly’ phone did find texts saying ‘Thanks Dave’.

However, ultimately, Ms Strachan said she found no evidence on this phone to support the claim made by Supt Taylor about an alleged smear campaign against Sgt McCabe.

In relation to Supt Dave Taylor, he had the use of three phones during his time as head of the Garda Press Office and none of these were surrendered to the tribunal.

In respect of the last of Supt Taylor’s three missing phones, the tribunal heard Supt Taylor didn’t return this phone to the Telecommunications Unit within An Garda Siochana when he got a replacement phone from Insp Liam Moroney in September 2014.

On September 5, 2014, the tribunal has heard, Supt Taylor gave Insp Moroney a faulty Nokia Lumia and Ins Moroney issued him with a Nokia Lumia 925.

On the new phone, Insp Moroney activated Supt Taylor’s Garda email account and synchronised it with the Microsoft exchange serve to restore all his emails, contacts and calendar details.

It was Insp Moroney’s evidence that Supt Taylor did not ask him to transfer any of the content of his old phone to the new phone.

The tribunal heard Supt Taylor had previously suggested that all his data had been transferred including texts but that this is something that is no longer in dispute.

In respect of the faulty Nokia Lumia handed in by Supt Taylor, he left with it instead of leaving it with the Telecommunications Unit.

Kathleen Leader BL, for the tribunal, said:

As far as Superintendent Taylor is concerned, I think it has been confirmed that it was believed that that was at home and searches were made for it, and I think he has been unable to find that.

This was agreed to by Supt Taylor’s solicitor Tara Burns BL.

However.

Separate to his time in the Garda Press Office, the tribunal also heard details of three phones seized from Supt Taylor – in December 2014, February 2015 and May 2015.

During this time period, Supt Taylor was not working in the Garda Press Office.

Instead he was working in the Traffic Department, from June 2014 until he was suspended in April 2015.

The three phone seizures pertained to Chief Supt Clerkin’s aforementioned criminal investigation.

The phone which had been seized in December 2014 had been issued in September 2014.

On this phone, Ms Strachan did find some family photographs which predated the date the phone was issued to Supt Taylor and it was suggested to Ms Strachan that this could support Supt Taylor’s suggestion that material from his previous phone had been transferred to this new phone.

Ms Strachan said she couldn’t be conclusive about the matter.

In relation to other information found on the phone, Ms Strachan found more than 2,000 contacts were stored on the phone.

The tribunal heard the following contacts – whom Ms Leader said may be potentially relevant to the tribunal – were on the phone:

Alison O’Reilly, Cathal McMahon, Conor Lally, Cormac O’Keeffe, Debbie McCann, Eavan Murray, Fionnan Sheahan, John Mooney, John O’Reilly, John Burke, Juno McEnroe, Mark Hilliard, Michael O’Toole, Mick Clifford, Mick McCaffrey, Paul Reynolds, Paul Williams, Philip Boucher-Hayes, and Sarah Bardon.

There were also 800 email messages stored on the phone.

Ms Strachan said she found no evidence on this phone to support Supt Taylor’s claim about a smear campaign.

As for the second phone – which would have been issued to Supt Taylor on December 18, 2014 and seized on February 19, 2015 – there were 950-plus contacts on the phone.

Ms Leader told the tribunal that the potentially relevant parties among those 950-plus contacts included: Cormac O’Keeffe, Debbie McCann, Eavan Murray, John Burke, John Mooney, Juno McEnroe, Michael O’Toole, Paul Reynolds and Paul Williams.

There were also 600 emails stored on this second seized phone.

Ms Strachan also found there was no evidence on this phone to support the claim of an alleged smear campaign.

In regards to the third seized phone – which Supt Taylor used from February 24, 2015 to May 29, 2015 – there were 580 contacts and those potentially relevant to the tribunal included: Debbie McCann, John McCann, John Burke, Juno McEnroe, Michael O’Toole, Paul Reynolds and Paul Williams.

Ms Strachan also found there was no evidence on this phone to support the claim of an alleged smear campaign.

Laptops and iPads

The tribunal heard that Ms O’Sullivan had five laptops pertaining to the relevant period – with the earliest of the five issued in 2006.

None of these have been accounted for and so the tribunal never got them.

Ms O’Sullivan also had two iPads during the relevant period – one was badly damaged and couldn’t be repaired, so it wasn’t surrendered to the tribunal, while the other was surrendered.

The tribunal heard that when the FSNI investigators were given this iPad it was locked and Ms O’Sullivan couldn’t remember the password.

Three suggested passwords were given to the FSNI.

But, because the device, the tribunal heard, was on its seventh attempt of 10, it had only three remaining chances to get the password correct – before it would automatically wipe itself clean.

The FSNI didn’t attempt to unlock it and, instead, sent it out to an external company to be forcibly unlocked.

Ms Strachan, of the FSNI, was asked if, after the fact, she learned any of the passwords proffered were correct, she said she didn’t know and would have to check his notes.

Ms Strachan also said 800-plus emails were stored on the memory of the iPad.

[This iPad was the same iPad used by Ms O’Sullivan to send emails to former Minister Frances Fitzgerald’s Oireachtas email account – from Ms O’Sullivan’s Gmail account – around the time of the publication of the O’Higgins report].

Ms Strachan told the tribunal there was no evidence on this iPad to support the claim of a smear campaign.

The tribunal has also heard that Ms O’Sullivan offered the tribunal access to two other phones – Samsung phones – which she used in 2016 and 2017.

The first one was in use from May 29, 2016 to October 12, 2016 and appeared to be mainly used for accessing emails.

The second was in use from April 26, 2017 to July 20, 2017.

The tribunal heard that contacts on this second phone which may be potentially relevant to the tribunal included Debbie McCann, Dave Taylor, John McCann, John Mooney, and ‘Paul R’.

Ms Strachan found nothing on either of these Samsung phones to support the claim of an alleged smear campaign.

In relation to former Commissioner Martin Callinan, the tribunal heard he would have had six laptops and one iPad during the relevant time – with the first laptop issued in 2001.

Of Mr Callinan’s six laptops – four were recorded as having not been returned to the IT centre, one was allocated to the Ashbourne incident room in 2012, and the final laptop issued to Mr Callinan, in August 2011, was bought by him on his retirement.

The tribunal heard that the laptop Mr Callinan bought would have gone through a factory reset – effectively wiping it clean of all information – before he left An Garda Siochana.

This laptop was made available to the tribunal and, specifically, Mark McConnell, of FSNI, found:

“Former Commissioner Callinan’s laptop was found to have been sanitised and re-installed in accordance with Garda IT protocol. The laptop user’s account “Martin Callinan” was created on Friday, 4th April 2014. Any data from when Mr. Callinan was in post as Commissioner is no longer available and non-recoverable.”

In relation to his iPad, it was damaged.

In relation to Supt Taylor’s Dell laptop – in use from July 31, 2012 to October 8, 2014 – Mr McConnell said he could find no evidence to support the claim of a smear campaign.

Garda IT systems

Mr McConnell also examined many Garda IT systems, including email, its File Share System and its Correspondence Register, and also found no evidence to support the claim of a smear campaign.

The tribunal has already heard that the Correspondence Register – which records correspondence to and from Garda Headquarters – didn’t contain the letter solicitor Gerald Kean sent to then Garda Commissioner Martin Callinan when he wrote to him for assistance after he received a legal letter from Sgt Maurice McCabe over comments he made on RTE’s Marian Finucane  Show on January 26, 2014.

In addition, the tribunal did hear that, in relation to the Commissioner’s Office Group File Share system, a series of reports pertaining to Sgt McCabe were found.

One was called Maurice McCabe Chronological Sequence Report.

It, the tribunal heard, contained a reference to the Ms D issue.

This report was marked June 12, 2013 – around six weeks before Ms D would go to counselling and, unbeknownst to her, a false rape referral would be first mistakenly created by her counsellor and then sent to TUSLA before eventually going to Ms O’Sullivan’s office in May 2014.

On Wednesday, May 7, 2014, Supt Leo McGinn, the district officer in Bailieboro, received TUSLA’s botched referral and wrote a letter to Chief Superintendent James (Jim) Sheridan with TUSLA’s referral attached.

In his letter to Chief Supt Sheridan, Supt McGinn wrote:

“In light of the referral received on foot of Ms. D’s disclosure to a professional,I feel it is appropriate to have the [2006/2007] investigation reviewed.”

“I suggest that the file and investigation in its entirety be reviewed at officer level within An Garda Síochána or that it be referred to the Cold Case Unit, NBCI. In any case, if a review of the case is to be conducted, I suggest it be conducted external of personnel within Cavan-Monaghan division.”

Supt McGinn said, once he got the referral, he acted swiftly without consulting anyone about his actions or even examining the investigation file.

He sent the original referral to Chief Supt Sheridan but also made and kept a copy of the referral.

When giving evidence to the tribunal, Supt McGinn was asked about his understanding of the 2006 investigation at this time. He said:

“Nothing other than a sexual assault. I didn’t know the gravity of it, the extent of the investigation. I knew that an allegation had been made that it had been investigated by Noel Cunningham, a file to the DPP, no prosecution, and I took it that was it.”

A few days later, Chief Supt Sheridan forwarded Supt McGinn’s correspondence on to Assistant Commissioner Kieran Kenny on Wednesday, May 14, 2014.

Chief Supt Sheridan knew the referral contained a wrong allegation of rape and chose not to inform the Asst Commissioner of this fact.

In his letter Mr Sheridan attached the referral with an unrelated digital penetration allegation and said the “the allegations contained in the attached referral have been the subject of a previous Garda investigation” which resulted in the DPP directing that there be no prosecution against Sgt Maurice McCabe.

This was untrue as the allegations contained in the referral didn’t pertain to either Sgt McCabe or Ms D.

He also stated that it was his understanding that Ms D had made complaints, based on the allegations set out in the attached referral, to Fianna Fáil leader Micheal Martin and GSOC.

This was also untrue as, again, the allegations contained in the referral didn’t pertain to either Sgt McCabe or Ms D.

Asked about his knowledge of Ms D’s complaint to GSOC, and if he had received an official notification of the same, Supt Sheridan told the tribunal he knew of the complaints based on media reports and he couldn’t recollect any official notification from GSOC.

Mr Kenny then forwarded the incorrect referral to the office of the Garda Commissioner.

At that time, Noirin O’Sullivan would have been the Acting Garda Commissioner as Mr Callinan had resigned on March 25, 2014.

The tribunal heard that, similar to Mr Sheridan, Mr Kenny knew the 2006/2007 investigation had nothing to do with any rape allegation.

Previously: Disclosures, Discrepancies and Paul Williams

This morning.

Dublin Castle, Dublin 2.

The Disclosures Tribunal is resuming with evidence being heard from the FSNI [Forensic Science Northern Ireland] into the examination of laptops and mobile phones used by senior Garda during the period of the alleged smearing of whistleblower Maurice McCabe.

Olga Cronin is live tweeting for the ‘sheet from the castle here.

More to follow.

Rollingnews

UPDATE:

Sgt Maurice McCabe and solicitor Kathryn Ward arrive at Dublin Castle this morning.

This morning.

Dublin Castle, Dublin 2

The Disclosures Tribunal has resumed with further evidence being heard from members of the Garda Press Office into its alleged role in the smearing of whistleblower Maurice McCabe.

Olga Cronin is live tweeting from the castle here.

More to follow.

Rollingnews.

UPDATE:

This morning.

The Disclosures Tribunal resumes this morning.

Olga Cronin will be live tweeting from Dublin Castle and can be followed here.

More to follow.

 

 

Rollingnews

UPDATE:

From top: Anne Harris; yesterday’s Sunday Times

The Disclosures Tribunal – which is examining allegations of a smear campaign against whistleblower Sgt Maurice McCabe – is to resume next Monday, April 30.

The evidence set to be given over the following couple of months is understood to largely involve journalists and media outlets.

Last June, the tribunal released a statement outlining some details of what certain people had told it at that point.

At the time, the tribunal said the former editor of the Sunday Independent Anne Harris told its investigators:

“In the years 2013 and 2014, matters raised by whistleblower Sergeant Maurice McCabe, such as the termination by senior gardaí of fixed penalty points, as well as allegations of murder and abductions not properly investigated, came to prominence.

From the first instance that the Sunday Independent began to report on these matters, certain journalists came to my office to warn me off Sergeant McCabe.

“I was given varying accounts of an alleged case of child sex abuse by him, which was apparently being investigated.

“This was repeated several times by a very reputable journalist, one who had shown great courage in exposing incidents of corruption and terrorism. I made enquiries and was satisfied that the matter had been investigated by the DPP, and the complaint found to be without grounds.

“The Sunday Independent continued to report on Sergeant McCabe’s concerns and the consequent treatment of him.

“In 2013, the allegation that Sergeant McCabe as a “paedophile” was stated in my office by senior executive from the wider “Group” editorial hierarchy of Independent Newspapers.

“I am certain that a whispering smear campaign was being conducted and that the media were being used.

“The pressure on me was less about publishing the sex abuse allegation – it would have been difficult within the laws of libel – but had the clear purpose of discrediting him, and therefore censoring the issues he was raising.”

Further to this…

In yesterday’s Sunday Times and in relation to Ms Harris’s statement to the tribunal…

Mark Tighe and John Mooney reported:

The INM editorial executive, who still works at one of the group’s newspapers, has told the tribunal that he does not recall making such a comment. He has attacked Harris’s motivation and accused her of being a disgruntled former editor.

…Harris told The Sunday Times she decided to name the editorial executive to Peter Charleton’s inquiry because its investigators had asked her to identify those who had passed on information about McCabe.

“When I subsequently considered the timing of the remark, I actually thought the editorial executive himself might be willing to provide useful information to the tribunal. He made this comment in late 2014. I have never shown any animosity towards this editorial executive. I genuinely thought he might have been willing to help the tribunal,” said Harris.

“I believe the protection of journalistic sources is paramount, except when they are being used to detract from a good man’s character. I believe that abuse of journalist privilege inspires no confidence in journalism.”

Meanwhile…

Former Garda press Officer Dave Taylor (left) with former Garda Commissioner Nóirin O’Sullivan in 2014

In yesterday’s Sunday Business Post…

Francesca Comyn reported:

“Former Garda Commissioner Martin Callinan claims whistleblower David Taylor blamed Nóirín O’Sullivan for having him arrested and said he would “bring her down” because of what she had done to him.

“Callinan has made the claim in a statement to the Disclosures Tribunal. He alleges that after he retired as head of the force in May 2014, Supt Taylor visited him at home on several occasions and expressed anger and disappointment that O’Sullivan, who was commissioner at the time, transferred him from the Garda press office to the traffic division.

“…Billing records from her [former Garda Commissioner Noirin O’Sullivan’s] mobile phone will show numerous contacts between her and well-known crime and security journalists between July 2012 and May 2014 when she was deputy commissioner.

“She made 33 phone calls to well-known reporter Paul Williams including conversations lasting up to 20 minutes. The tribunal is expected to ask her to explain ten contacts made with Williams in February, March and April 2014.

“In March that year, Williams wrote two articles after interviewing Ms D, the daughter of the garda who made the sexual allegation against McCabe in 2006, later found by the DPP to be groundless.

“…The former commissioner’s phone records for the same time period show further media contacts. Over the 23-month period, she called RTÉ’s crime correspondent Paul Reynolds 20 times and Tom Brady, security editor with the Irish Independent, 74 times.”

Ex-INM editor Anne Harris was ‘warned’ about whistleblower Maurice McCabe (The Sunday Times, Mark Tighe and John Mooney)

Whistleblower: ‘I will bring her down’ (Sunday Business Post, Francesca Comyn)

Previously: Disclosures And Non-Disclosures

From top (left to right): Michael McDowell SC, for Sgt Maurice McCabe, Supt ecoel Cunningham, Sgt McCabe; former Garda Commissioner Nóirín O’Sullivan; Supt Frank Walsh, former private secretary to former Garda Commissioners Martin Callinan and Ms O’Sullivan 

The Disclosures Tribunal is examining claims that a smear campaign was conducted against whistleblower Sgt Maurice McCabe.

There is currently a break in the tribunal’s hearings until April 30.

Earlier this week, and last week, the evidence given by witnesses mainly related to events in January 2014.

These events included former Garda Commissioner Martin Callinan’s appearance before the Public Accounts Committee when it was examining the quashing of penalty points, and what he’s alleged to have said about Sgt McCabe before and after that meeting; Mr Callinan’s meeting with the then chair of the PAC and Fianna Fail TD John McGuinness in a carpark on the Naas Road in Dublin; and comments made by celebrity solicitor Gerald Kean on RTE Radio One’s Marian Finucane Show – for which RTE subsequently paid out €180,000.

But one witness this week, Supt Frank Walsh, who was private secretary to both Mr Callinan and his successor Nóirín O’Sullivan, gave evidence that seemed relevant to a previous module which looked at the O’Higgins Commission of Investigation of 2015.

In that module, Judge Peter Charleton was tasked with examining if Ms O’Sullivan inappropriately relied upon unjustified grounds to discredit Sgt McCabe.

Readers may recall that central to the O’Higgins Commission of Investigation was the famous Mullingar meeting which whistleblower Sgt Maurice McCabe had with Supt Noel Cunningham and Sgt Yvonne Martin on August 25, 2008, and Sgt McCabe’s equally famous secret tape recording of the same.

Prior to the Mullingar meeting, in February 2008, Supt Michael Clancy requested Sgt McCabe to draw up a report about his dealings with the D family.

When Supt Clancy made this request, he said he would use Sgt McCabe’s report to see if he could get the DPP’s directions shown to the D family.

It came after Sgt McCabe had been confronted by members of the D family in public in October 2007.

[Ms D had made an allegation of ‘dry humping’ against Sgt McCabe in December 2006 and by April 2007, it was found to have no foundation by the DPP. Sgt McCabe was informed of the DPP’s full directions almost as soon as they were released by the Cavan state solicitor Rory Hayden in April 2007 but Sgt McCabe didn’t disclose this detail to anyone in An Garda Síochána until he gave evidence at the O’Higgins commission in May 2015].

Sgt McCabe obliged with Supt Clancy’s request and then subsequently Supt Clancy asked Supt Noel Cunningham to look at Sgt McCabe’s report. This gave rise to the meeting in Mullingar.

It was alleged at the O’Higgins Commission of Investigation – which ran from May 2015 to December 2015 and looked at allegations of poor policing in Cavan/Monaghan, as made by Sgt McCabe – that, at this Mullingar meeting, Sgt McCabe had admitted to engaging in a kind of blackmail-like scenario.

It should be noted that in order to put forward the false blackmail allegation at the O’Higgins commission, this necessitated counsel for the Garda Commissioner Noirin O’Sullivan and senior gardai to introduce the matter of the DPP’s directions in respect of the Ms D 2006 allegation to the O’Higgins commission.

This false blackmail allegation was put forward in three different ways.

A letter from the Chief State Solicitor’s Office to the O’Higgins commission – which was furnished on the instructions of the then Garda Commissioner Noirin O’Sullivan on Monday, May 18, 2015 – referred to the Mullingar meeting, stating:

“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.”

Later that same day, the false blackmail allegation was put to Sgt McCabe – by Colm Smyth SC, for Ms O’Sullivan and senior gardai – when Sgt McCabe was in the witness box:

Smyth: “In the course of that [Mullingar] 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.”

Smyth: “Right.

McCabe: “Absolutely, Judge.”

Smyth: “The only reason, and this will be the evidence of Superintendent Cunningham, the only reason that you wrote those list of complaints for Superintendent Clancy, do you understand, that you made the complaints about Superintendent Clancy was that you wanted to put pressure on Superintendent Clancy to get the full directions from the authority conveyed to you.”

McCabe: “That is absolutely false. Absolutely.”

Smyth: “Fair enough.”

McCabe: “I have a clear recollection of that meeting…”

And later, when the legal team for Ms O’Sullivan and senior gardai submitted their written submissions to the O’Higgins commission, in June 2015, the false blackmail allegation was repeated yet again.

Part of the submissions read:

“Sergeant McCabe then made a series of complaints against other officers in Bailieboro Station, including Superintendent Clancy against whom he alleged a lack of support. Chief Superintendent Rooney appointed Superintendent Cunningham to investigate these complaints. Superintendent Cunningham attempted to meet Sergeant McCabe to discuss the complaints and finally did so on 25th August 2008. On this occasion, Superintendent Cunningham was accompanied by Sergeant Martin.

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

The O’Higgins commission broke after it heard evidence on May 19, 2015 and it didn’t resume again until June 24, 2015 – by which time the transcript of Sgt McCabe’s tape recording of the Mullingar meeting had been circulated among the legal teams.

When it resumed on June 24, 2015, the false blackmail allegation was dropped.

In the words of Kathleen Leader BL, for the Disclosures Tribunal, at this tribunal earlier this year, after Sgt McCabe’s tape emerged, “…the matter of a threat at Mullingar meeting was negatived.”

The Disclosures Tribunal – which is looking at allegations of a smear campaign against Sgt McCabe – looked at this series of events, and others related to the O’Higgins commission, in January and February of this year.

And at the tribunal, just like at the O’Higgins commission after Sgt McCabe produced his tape, the false allegation of blackmail was simply put down to error.

Significantly, it was said at O’Higgins – and it was repeated at the Disclosures Tribunal, not least by former Garda Commissioner Noirin O’Sullivan – that the error was that the word “to” should have been used instead of “against”.

But this reasoning has never fully explained why it was alleged Sgt McCabe had made a threat of force of some kind.

Where did that come from?

On Tuesday of this week…

Supt Frank Walsh, who was private secretary to former Garda Commissioner Martin Callinan and then private secretary to his successor Noirin O’Sullivan, was asked if he had heard rumours about Sgt McCabe in late 2013/early 2014 – a whole year before the O’Higgins commission began.

He told the tribunal this week:

“I suppose the motive that was being spoken about at the time was that he wasn’t happy with how the DPP’s directions were conveyed to him arising out of the alleged incident that occurred some years previously, and that perhaps that he was some way annoyed over this as well and was getting his own back on his management. They were the types of rumours.”

This rumour is uncannily like what was put in the CSSO letter, put to Sgt McCabe in the witness box at the O’Higgins commission and then what was put in the written submissions at the same.

It should be noted that the tribunal has heard Sgt Martin never gave evidence at the O’Higgins Commission of Investigation, never saw the Chief State Solicitor’s letter and never saw the written submissions.

And yet, when news of what had happened at the O’Higgins commission broke in May 2016, the then Garda Commissioner Noirin O’Sullivan referred both Supt Cunningham and Sgt Martin to GSOC – despite her telling the tribunal that, at the same time, she understood what was put forward at O’Higgins to have been a mistake.

This is how Ms O’Sullivan explained her actions when she was questioned by Judge Charleton:

Noirin O’Sullivan: “This was what was in the public domain and this was what was causing the political and public disquiet and this was what had been erroneously reported in a number of media outlets and this was what was in the public and political mind, and, as I say, the position I found myself in, if I were to say that Sergeant Martin, for example, hadn’t done something, actually I don’t think anybody was within the frame of mind.

Judge Peter Charleton: “If you had said she had never given evidence, I would imagine people might well have believed you.”

O’Sullivan: “Not necessarily, Chairman, the position that we found ourselves in…”

Charleton: “Well, then the second thing was, if you actually read her statement, and this has come up a number of times, but, well, you know, she may well have her rights, but this statement which she gave, which could perhaps have been, to use the now very popular word, deployed at the O’Higgins Commission, was completely backing up Sergeant McCabe…”

O’Sullivan: “Oh, completely.”

Charleton: “…in relation to the Mullingar meeting, in the event that there was a misunderstanding about that.”

O’Sullivan: “Yes, completely, Chairman, and I think the unfortunate situation that everybody found themselves in, the erroneous facts and the distorted truths that were put into the public domain led to a situation which was completely unfair to everybody involved in this process from the outset.”

Despite this explanation, Judge Charleton told the tribunal (of the decision to send the two gardai to GSOC):

“That is something that I won’t understand until my dying day, particularly Sergeant Martin.”

In contrast…

Colm Smyth SC, who represented Ms O’Sullivan at the O’Higgins commission, apologised to Sgt McCabe for “the false matter that was put” in the CSSO letter – when he gave evidence to the tribunal earlier this year.

He said:

“Can I say this: it was remiss of me not to apologise to Sergeant McCabe in relation to that matter. It should have been done. And I’m not making excuses for it, but I think it happened in the context of the way matters were moving. Because this, again, was revisited in June. We were dealing — things were moving at a fast pace, but that is no excuse. There should have been — I regret that it was done. It was done on the explicit instructions of the client, who got it wrong.”

“…I think there was a misunderstanding as to the precise — the proper instructions should have been that this, just as I have related to you, we weren’t given the correct version, and there was a clear misunderstanding – not so much a misunderstanding, there were clearly wrong instructions.”

The tribunal is examining claims that a smear campaign was conducted against Sgt McCabe by former Garda Commissioner Martin Callinan – with the knowledge of former Garda Commissioner Nóirín O’Sullivan – as alleged by the former head of the Garda Press Office, Superintendent David Taylor.

Both Mr Callinan and Ms O’Sullivan deny the allegations.

The tribunal concluded its latest tranche of hearings on Tuesday.

A comprehensive post on the most recent evidence to follow.

Previously: Disclosures, Discrepancies and Nóirín

Disclosures Tribunal: Anomalies

Why Did Noirin O’Sullivan Ask GSOC To Inquire Into An Allegation That She Believed Was Just A Mistake?

Rollingnews

This morning.

Dublin Castle, Dublin 2

From top: former Labour Party leader Pat Rabbitte, Micheál Martin, leader of Fianna Fáil, and government minister Eoghan Murphy arrive to give evidence in the Disclosures Tribunal, investigating the alleged smearing of Garda whistleblower Maurice Mccabe.

Olga Cronin is live tweeting from the tribunal here.

Rollingnews

Former Garda Commissioner Martin Callinan at the PAC with then Garda Press Officer Supt Dave Taylor (behind left) and Director of Communications at AGS Andrew McLindon (behind right)

This morning.

At the Disclosures Tribunal which is examining allegations of a smear campaign against Sgt Maurice McCabe.

Solicitor Gerard Kean will be the first witness up to give evidence from 10am.

Mr Kean will be followed by Noel Brett, who was the CEO of the Road Safety Authority for eight years until October 2013.

[Readers should note it was reported in 2014 that Mr Brett and AA’s Conor Faughnan were questioned by gardai over their dealings with Sgt McCabe in August 2013].

It’s understood questions put to Mr Kean will centre on events before and after his contribution to RTÉ Radio One’s Marian Finucane Show on Sunday, January 26, 2014.

During the show, Mr Kean emphatically, and repeatedly, alleged that Sgt McCabe and former Garda John Wilson didn’t cooperate with an internal Garda investigation into the quashing of penalty points by Assistant Commissioner John O’Mahoney in 2013.

Sgt McCabe and Mr Wilson later sued over the comments.

A transcript of the interview can be read here.

Meanwhile…

To sum up what the tribunal has heard so far…

As it stands, five people have told the tribunal of specific instances where they claim to have witnessed former Garda Commissioner Martin Callinan give a negative briefing about Sgt McCabe.

Mr Callinan denies all the allegations.

Fianna Fail TD and former Public Accounts Committee chairman John McGuinness claims Mr Callinan alleged Sgt McCabe “fiddles with kids” after a meeting of the PAC on Thursday, January 23, 2014 – at which Mr Callinan appeared and made his “disgusting” remark – and referred to both Sgt McCabe and former Garda John Wilson as “fucking headbangers”.

Although he hasn’t given evidence yet, the tribunal has heard that Supt Dave Taylor has told the tribunal that he also heard Mr Callinan make the “fiddles with kids” comment about Sgt McCabe.

Mr McGuinness also claims that, during a meeting in a car park of Bewley’s Hotel on the Naas Road, Dublin, on Friday, January 24, 2014, Mr Callinan told him that Sgt McCabe sexually abused his children and nieces.

Fine Gael TD John Deasy has told the tribunal that on the way to the PAC meeting – on Thursday, January 23, 2014 – he stopped to get a coffee in the coffee dock close the committee room when he had a brief conversation with Mr Callinan.

He said they chatted after then Deputy Commissioner Noirin O’Sullivan introduced the two men.

Mr Deasy claims Mr Callinan told him that Sgt McCabe was not to be believed or trusted with anything.

The Comptroller and Auditor General Seamus McCarthy – whose report into the quashing of penalty points was being discussed at that PAC meeting on that Thursday, January 23, 2014 – is scheduled to give evidence tomorrow.

But the tribunal’s opening statement from last summer shows that Mr McCarthy claims that he also had a short conversation with Mr Callinan outside the committee room and that Mr Callinan “made statements to the effect that Sergeant McCabe was not to be trusted, that he had questions to answer, and that there were allegations of sexual offences against him”.

RTE journalist Philip Boucher Hayes has also not given evidence yet but the tribunal’s opening statement says Mr Boucher Hayes claims that, on December 17, 2013, in RTE, Mr Hayes had a private conversation with Mr Callinan.

This came about after there was a row with RTE producers over whether Mr Boucher Hayes could ask Mr Callinan about the penalty point allegations made by Sgt McCabe on Crimecall.

Mr Boucher Hayes claims Mr Callinan told him Sgt McCabe was not to be trusted and that he was a “troubled individual” with a “lot of psychological issues and psychiatric issues”.

Mr Boucher Hayes claims Mr Callinan said Sgt McCabe was famous in An Garda Siochana for a set of grievances he had against Garda management  and that there were other things he could tell Mr Boucher Hayes about him –  “horrific things, the worst kind of thing”  – but he didn’t elaborate further.

The journalist also alleges that Mr Callinan told him that if he wanted to know about Sgt McCabe or the penalty points issue, to contact Supt Dave Taylor. Mr Boucher Hayes claims, after this, Supt Taylor immediately “buttonholed” him and said: “Now do you understand what the problem with Maurice McCabe and the penalty points is?”

Separately…

Both the Taoiseach Leo Varadkar and the former Labour leader Pat Rabbitte have given statements to the tribunal to say what they had heard about Sgt McCabe.

Mr Rabbitte, who is scheduled to give evidence next Monday, has told the tribunal:

“Some time, I think, in 2014, my encounters in 2007 with Maurice McCabe were ventilated in an RTÉ interview. That same evening, in a prearranged meeting with a friend of mine, who is a former garda, he raised with me the content of the interview as it related to Sergeant McCabe. He said that he was unaware that I had any involvement with Sergeant McCabe, but I thought that I should be aware of what was being said ‘on the grapevine’. I took it that he was referring to the Garda grapevine and the matter that he wanted to warn me about was that there were rumours of alleged child abuse against Sergeant McCabe.”

Mr Varadkar has told the tribunal, in a statement:

“With regard to the innuendo and rumours, I was informed of these by Mr. Noel Brett, then CEO of the Road Safety Authority, which fell under my remit as Minister for Transport, Tourism and Sport. I don’t recall the exact detail of the rumours, but I do recall they related to his character and motivation, that he was untrustworthy and had other grievances unrelated to road safety. I specifically recall a rumour about a computer* with evidence of criminality on it being lost by Sergeant McCabe.”

“While I was aware of innuendo and rumours circulating about Sergeant McCabe, I did not believe them to be true and, in any case, they did not take away from the evidence-based case he was making in relation to penalty points having been squared.”

*Sgt McCabe was subject to a disciplinary proceedings after the computer of Cavan priest Fr Michael Molloy – who went on to plead guilty to defilement of a child under 15, defilement of a child under 17, and child pornography – went missing in 2007.

The O’Higgins Commission of Investigation would later find:

“It is difficult to understand why Sergeant McCabe was the only person subjected to disciplinary proceedings for the loss of the computer…He was, quite rightly, exonerated…The commission has been told that disciplinary proceedings are measures of last resort. This makes the use of such proceedings against Sergeant McCabe all the more difficult to understand.“

Yesterday: Enter Gerald

Previously: The Commissioner, The ‘Knacker’, And The Two Headbangers

How Did He Get Here?

Pics: Oireachtas.ie