Tag Archives: Disclosures Tribunal

From top: Taoiseach Leo Varadkar; Sgt Maurice McCabe

On January 8, 2018, the Disclosures Tribunal, overseen by Supreme Court judge Peter Charleton, will resume.

The tribunal is mainly investigating allegations of a smear campaign against Garda whistleblower Sgt Maurice McCabe.

It had been expected to hear allegations of former head of the Garda Press Office Dave Taylor – who has claimed that he was instructed to negatively brief journalists about Sgt McCabe.

But Justice Charleton released a statement last Friday to say the tribunal’s next module will focus on the former Garda Commissioner Noirin O’Sullivan’s legal strategy at the O’Higgins Commission.

Broadsheet has learned Taoiseach Leo Varadkar will appear as a witness and give evidence.

As Minister for Transport, Mr Varadkar defended Sgt McCabe’s actions as ‘distinguished’.

He told a road safety conference in March, 2014:

“I think it is very important to bear in mind that the Garda whistleblowers only released information about people after they tried to use the correct procedures and those procedures failed them and when they did release the information, they did it through Oireachtas members which is provided for under the Garda Act of 2005.”

Mr Vardkar thanked Sgt McCabe and fellow Garda whistleblower, John Wilson:

“…on my own behalf and on behalf of the thousands of families who have had to endure the pain and loss that flows from the death of a loved one on the road.”

A Government press officer said he could not confirm if Mr Varadkar would appear as a witness. He said: “This is a matter for the tribunal.”

A spokesman for the Disclosures Tribunal said:

“I can’t confirm one way or the other whether Mr Varadkar or anybody else is going to be a witness at the tribunal in the next module. So you will have to wait for a witness list to go up [on the tribunal’s website].

“The work, as such, of the tribunal would be confidential. So until the witness list goes up, you wouldn’t be able to say whether anybody is going to be a witness at the next module or who would be a witness at the next module.”

Readers may recall how in May 2016, it emerged that, at the privately held O’Higgins Commission of Investigation, held during 2015, the then Garda Commissioner Noirin O’Sullivan employed a legal strategy which attacked the credibility and motivation of Sgt McCabe.

In February 2017, just prior to the establishment of the Disclosures Tribunal and when there was talk of setting up a second commission of inquiry involving Sgt McCabe, he and his wife Lorraine McCabe made a statement.

They said:

“Today, we have heard one Minister, Simon Harris, state that we are entitled to “truth and justice”.

“We wish to make it clear that we are definitely not agreeable to that entitlement being wholly postponed so that another Commission of Inquiry can conduct a secret investigation behind closed doors and make a report, into which we have no input as of right, in nine or eighteen months’ time.

“We are entitled to the truth today – justice can follow in its wake.

“… the public has little or no appreciation of what was done, and attempted to be done, to Maurice in the course of its hearings.”

Last week it emerged that an email of May 15, 2015 circulated to the former Minister for Justice and other justice officials which should have been sent to the Disclosures Tribunal wasn’t sent.

Sgt McCabe told Mr Varadkar in a phonecall that evening that the sequence of events alleged in the email did not happen and that the transcripts of the O’Higgins Commission of Investigation will prove this.

Following a call by Taoiseach Leo Varadkar, for the Department of Justice to do another search for documents relevant to the tribunal, further emails were found and subsequently sent to the Disclosures Tribunal.

The email thread showed, among other things, how, on Saturday, July 4, 2015, the former Garda Commissioner Noirin O’Sullivan phoned the Department of Justice Secretary General Office Assistant Secretary Ken O’Leary to tell him a press query about the stance taken by An Garda Siochana against Sgt McCabe at the O’Higgins Commission of Investigation had been sent to the Garda Press Office.

The garda weren’t commenting on the matter.

Mr O’Leary subsequently advised the then Minister for Justice Frances Fitzgerald on what to say, if she was asked about the matter during a scheduled interview on RTE’s This Week on Sunday, July 5.

In the end, Ms Fitzgerald wasn’t asked about it.

Amid these revelations, the Tanaiste and former Minister for Justice Frances Fitzgerald has resigned.

Of her resignation, Mr Varadkar told the Dail he accepted her resignation with regret and that “It is my strong view that a good woman is leaving office without getting a full and fair hearing”.

The Secretary General of the Department of Justice Noel Waters yesterday announced that he’s resigning with immediate effect as opposed to next February – which he announced last week on the same day the May 15, 2015 email surfaced.

Meanwhile, questions remain over the current Minster for Justice Charlie Flanagan’s handling of related matters.

Readers will also recall how, on March 20, 2014, when Mr Varadkar called Sgt McCabe and Garda Wilson “distinguished”, he also called on the then Garda Commissioner Martin Callinan to withdraw his “disgusting” remark in relation to the two men.

Mr Callinan made that remark at a meeting of the Public Accounts Committee in January 2014.

Previously: Disclosures, Discrepancies And Paul Williams

Graphic Disclosures

Rollingnews

Tanaiste and former Minister for Justice Frances Fitzgerald and the email she claims she received on afternoon of May 15, 2015, but can’t remember receiving

Yesterday evening.

At around 7.30pm.

Following questions over who knew what, when, in relation to the legal strategy used by the former Garda Commissioner Noirin O’Sullivan and several gardai to discredit Garda whistleblower Sgt Maurice McCabe during the O’Higgins Commission of Investigation in 2015…

Because…

Readers will recall how claims made at the commission were dropped after Sgt McCabe proved allegations made by the legal counsel for Ms O’Sullivan and allegations outlined in a five-page letter by the Chief State Solicitor Eileen Creedon, now a High Court judge, were not true…

Taoiseach Leo Varadkar telephoned Sgt Maurice McCabe.

The call lasted around 15 minutes.

Broadsheet understands Mr Varadkar read out the email above – which Ms Fitzgerald told RTE’s News at One yesterday was sent to her in May 2015 but of which she had no memory – to Sgt McCabe.

It came after Mr Varadkar told the Dail last week that she only became aware of the legal strategy when it became public knowledge – a year later – in May 2016.

This email, Ms Fitzgerald told the Dail last night, came about after the Chief State Solicitor contacted an official in the Attorney General’s office who, in turn, contacted an official in the Department of Justice who, in turn, sent the email to Ms Fitzgerald.

The email suggests that, at the start of the hearings of the O’Higgins commission, the legal counsel for An Garda Siochana raised an allegation “that a serious complaint against Sergeant McCabe (which has had always denied) had not been properly investigated by the Garda Siochana”.

During the News At One, Ms Fitzgerald said this caused a row between the legal counsel for the Garda Commissioner, Colm Smyth SC, and the legal counsel for Sgt McCabe, Michael McDowell SC.

However.

Sgt McCabe told Mr Varadkar during their telephone call that such a claim had never been made, or even mentioned, during the O’Higgins Commission of Investigation.

He told him that what was at issue at the commission, on May 15, 2015,  was the fact he had been accused of wanting the DPP’s directions – in respect of a ‘dry humping’ allegation in 2006 – overturned.

Sgt McCabe explained to Mr Varadkar that, on the afternoon of May 15, 2015, he gave evidence to the commission outlining that he was very satisfied with the DPP directions and had no desire for them to be overturned.

Sgt McCabe also told the Taoiseach that the full transcript of the O’Higgins Commission of Investigation can prove a) the contents of the email were never mentioned and b) what was at issue was the claim made by An Garda Siochana that Sgt McCabe wanted the DPP’s directions overturned.

At 8pm.

Tanaiste and former Minister for Justice Frances Fitzgerald gave a statement to the Dail, during which the email she alleges was sent to her on the afternoon of May 15, 2015, was circulated to TDs present.

She also stated that she was aware the Taoiseach had spoken to Sgt McCabe yesterday evening.

However, she never mentioned that Mr Varadkar was told by Sgt McCabe that he said the contents of the email were untrue – even though this was put to her by Solidarity-People Before Profit TD Paul Murphy.

Instead…

After she made her statement, at around 8.30pm, Mr Murphy asked Ms Fitzgerald, specifically, if she read the email and then forgot about it?

She said:

“When the department told me about this email last Thursday, as I’ve said, I didn’t remember that email. I would tend to read all of the emails that come to me. I can only assume that I did read it but I did not remember it when I was speaking to the Taoiseach.

“What I said to the Taoiseach was that I was, I would, I did not know about it, any legal strategy in advance. I wasn’t part of any legal strategy. I had no hand, act or part in any legal strategy. And that I was only aware of all of the details that came out one year later in may 2016.

“That’s what I said to the Taoiseach, that’s what I was referencing when I spoke to him and when he spoke here in the Dail, he was obviously repeating that and what I was referencing was the information that came out in May 2016 which was widely reported in media about tapes, about the Mullingar, about other Garda witnesses that I had no clue, no information about that.

“And that’s what I said to the Taoiseach when I spoke to him and obviously then the email was brought to my attention.”

Mr Murphy then said:

“Maurice McCabe is adamant that the criminal charges that you referred to on the radio and you refer to in the email here were not raised at the O’Higgins Commission. He’s adamant that what was raised at the O’Higgins Commission was in relation to him supposedly, which was false, seeking to get access to information of the DPP’s decision, not criminal charges.

“And he’s adamant that the email is inaccurate. So that begs a very serious question. I mean I trust that this is the email. But if it’s the case and if the transcript proves that the case that these were issues that were not raised in the O’Higgins Commission well then doesn’t it raise more serious questions if a campaign of slander etc was continuing and was being filtered through phone calls and then into emails.”

Ms Fitzgerald replied:

“When you look at, this was referencing a call from a senior official in the office of the Attorney General. Now you’re saying that Sgt McCabe is saying that what is in the email is incorrect. I would, I can only tell you what was in the email.

“I have absolutely no reason to believe that either a senior official from the department of the Attorney General or a senior official in my department would record what they, you know, what’s here, incorrectly, or as part of any campaign against Sgt Maurice McCabe. That would be quite an extraordinary allegation to make about a senior official in the Department of the Attorney General.

“Now if you’re saying there’s a discrepancy between Sgt McCabe’s view and what is in this email. Well, we will just have to see what he has to say about it and, as I say, the Taoiseach did have a conversation with him…”

Readers should note that the serious complaint being referred to in the email above is related to an allegation of ‘dry humping’ in 1998 made by a Ms D in December 2006 some 11 months after her father, a guard, Mr D lost his position and was reverted to other duties after Sgt McCabe was involved in a disciplinary process against him in January 2006.

After the DPP investigated Ms D’s complaint, a letter from the DPP’s office was sent to the State solicitor for Cavan Rory Hayden on April 5, 2007, which stated: “Even if there wasn’t a doubt over her credibility, the incident that she describes does not constitute a sexual assault or indeed an assault… there is no basis for prosecution.”

In August, Broadsheet reported how, at the outset of the O’Higgins Commission of Investigation,  in May 2015, Chief Supt Colm Rooney claimed Sgt McCabe had sought a meeting with him in 2007 demanding that the DPP’s directions – in respect of the “dry humping” allegation  – be overturned.

The commission was told  this was the basis of a grudge held by Sgt McCabe and the reason behind him making complaints about Garda misconduct.

When Chief Supt Rooney made this claim, An Garda Siochana weren’t aware that Sgt McCabe had been verbally, but fully, briefed of the DPP’s directions on the same day they were issued in April 2007.

Sgt McCabe gave evidence on day two of the commission – Friday, May 15, 2015 – in which he explained his knowledge of the DPP’s directions and how he had no desire for them to be overturned as he was very satisfied with them.

This was the first serious blow to the legal strategy employed by An Garda Siochana at the O’Higgins Commission of Investigation.

This hasn’t been reported elsewhere.

However, last night in the Dail, Independents 4 Change TD Mick Wallace outlined the same chain of events.

Readers will also recall how, also at the outset of the commission, Colm Smyth SC, for the then Garda Commissioner Noirin O’Sullivan and An Garda Siochana, said they would argue Sgt McCabe was making complaints about Garda misconduct because of this so-called grudge and that evidence of this would be based on a meeting Sgt McCabe had with two gardai, Supt Noel Cunningham and Sgt Yvonne Martin, in Mullingar in August 2008.

But when this claim was made, the gardai weren’t aware that Sgt McCabe had recorded this meeting. This recording was given to the commission and proved the counsel’s claim to be untrue.

Readers will also recall how, on the same Friday afternoon of May 15, 2015, Sgt McCabe’s legal counsel Michael McDowell called for documentary evidence to be produced to support the claim that Sgt McCabe wanted the DPP’s directions overturned.

Over the following weekend, and in response to Mr McDowell’s request, a five-page document compiled by the then Chief State Solicitor Eileen Creedon, now a High Court judge, was introduced to the commission on Monday, May 18, 2015 – day three of the commission.

This letter, in which it outlined claims of the Mullingar meeting, was contradicted by Sgt McCabe’s tape recording.

Last night, Mr Wallace contended that a meeting must have been held after Mr McDowell made his request for documentary evidence.

He asked Ms Fitzgerald if she knew who attended that meeting or if she knew anything about that meeting.

She said:

“I don’t know who attended that meeting. I do know Sgt McCabe, in relation to this allegation, as you will be aware as well, the Charleton Tribunal, at the Disclosures Tribunal, that he said it did not happen, it did not happen, it’s all a horrendous allegation to make and it did not happen. So we’re very clear about his view on this issue that arose.

“But deputy I couldn’t possibly, I’m not going to try and run the tribunal here and different elements of it.”

Mr Wallace then asked if she could confirm a meeting did take place over the weekend before Ms Creedon’s five-page letter was produced.

Ms Fitzgerald replied:

“How would I possibly know whether there had been a meeting in relation to what you’ve outlined or not? I could, I had no role, I do not have any role, I did not have any role in relation to the legal strategy. And I would say deputy if you have that, the queries you have, the questions, if you have information, the place for that to be laid is before the tribunal which is currently sitting and they are investigating in huge detail, under Judge Peter Charleton all of these issues.”

Separately…

In relation to the claim outlined in the email – that there had been an allegation that a serious complaint against Sgt McCabe hadn’t been investigated properly…

Readers may wish to note that the Disclosures Tribunal has heard how Irish Independent journalist Paul Williams met Ms D at her home on March 8, 2014 and interviewed her.

Part of this interview was recorded on video.

Ms D told Mr Williams she felt her allegation of 2006 wasn’t investigated properly.

Mr Williams was the only journalist to interview Ms D in 2014 – a year after her allegation of ‘dry humping’ was wrongly recorded as an allegation of rape by a counsellor and Tusla in August 2013 and eventually passed up to the Commissioner Noirin O’Sullivan in May 2014, completely unbeknownst to Sgt McCabe.

Mr Williams told the tribunal he wasn’t aware of this apparent mistake until February 2017.

During Mr Williams’ interview with Ms D recorded on video, they discussed GSOC and the tribunal heard that, in the video, Paul Williams is recorded asking Ms D:

“Would this involve GSOC or the Guards themselves or who would you like to investigate this? What body are you going to complain to?”

While giving evidence, Mr Williams was asked if he spoke to Ms D about GSOC before videoing the interview and he said: No.

However, Ms D told tribunal:

I recall speaking to Paul Williams and telling him that I was very unhappy with how the investigation of my complaint was handled in 2006. There was a couple of valid reasons I had for this belief, and having explained these reasons to Paul Williams he did suggest to me, and advised me, that if I had a complaint that I wished to follow that GSOC was an avenue I could go down, yes.

On April 29, 2014, Ms D emailed the Garda Siochana Ombudsman Commission (GSOC) claiming her allegation against Sgt McCabe was not properly investigated.

In her follow-up statement to GSOC on July 3, 2014, Ms D said:

“Paul Williams told me that my case had been known by a few people in senior ranks in the Gardaí and Government for some time.”

In relation to this comment, Mr Williams told the tribunal:

“That, that comment came from the fact, I would have been talking to — when after I interviewed her [Ms D] I contacted [former Head of the Garda Press Office who alleges there was a smear campaign against Sgt McCabe] Dave Taylor, told him what I was looking at, asked him questions. He made a throwaway remark that it was known in the Park, as in the Phoenix Park, and he suggested it was known in government. But it was — it was a passing comment, and I actually reported that back to her, I told her what he told me.”

Ms D’s father also made a statement to GSOC.

When they gave their statements, neither Ms D nor Mr D told GSOC about the “monumental cock-up” by RIAN counsellor Laura Brophy and Tusla in relation to the elevation of a ‘dry humping’ allegation to an allegation of rape.

The Disclosures Tribunal has already heard that, after looking at Ms D’s complaint, GSOC reported, in May 2015:

“GSOC established that Inspector Noel Cunningham carried out appropriate inquiries and uncovered no evidence of any criminality on the part of him in the investigation or any other Gardaí and how the investigation was conducted.”

In addition, Mr McDowell SC, for Sgt McCabe, told the Disclosures Tribunal, that, after this finding, GSOC sent a “lengthy report” to the then Minister for Justice Frances Fitzgerald about the same.

Previously: Absence of Malice

‘Such An Issue Was Never Raised’

Sgt Maurice McCabe outside the Disclosures Tribunal this summer

This morning.

Further to questions being asked about what former Justice Minister Frances Fitzgerald and the Department of Justice knew of the legal strategy used by the former Garda Commissioner Noirin O’Sullivan and several gardai in the O’Higgins Commission of Investigation in 2015 – in which allegations made by Ms O’Sullivan’s legal counsel were dropped after Sgt McCabe proved them to be false…

And reports of a phone call from Ms O’Sullivan to the then acting Secretary General at the Department of Justice Noel Waters on May 15, 2015 – the same date Sgt McCabe first gave evidence at the O’Higgins Commission which delivered the first blow to Ms O’Sullivan’s legal strategy…

And how within hours of Taoiseach Leo Varadkar saying on Tuesday, during Leaders’ Questions, that he could not be sure if there was such a call or not, Mr Waters announced he’ll be stepping down in February as he is approaching 40 years of service…

And Mr Varadkar saying yesterday that “it’s very hard to answer questions for third parties, or unnamed third parties” but admitted he hasn’t spoken with Mr Waters directly…

Niall O’Connor, on Independent.ie, reports:

Garda Headquarters has directed officers of all ranks to scrutinise their personal email accounts, handwritten notes and laptops for any material relating to Garda whistleblower Sergeant Maurice McCabe.

In an unprecedented move, an assistant commissioner has been appointed to oversee the collation of potentially reams of electronic and written data from gardaí that will then be forwarded to the Disclosures Tribunal.

In a memo sent to all Garda divisions, seen by the Irish Independent, Garda management laid down the diktat ahead of the next phase of the tribunal, which is examining an alleged smear campaign against Sgt McCabe.

The blanket search even includes emails sent from officers’ own personal Gmail accounts.

…The news of the major fishing expedition is believed to stem from previous criticism levelled at management by whistleblower Keith Harrison.

…Gda Harrison is taking separate High Court action against the Garda Commissioner for breaching a court order.

Former commissioner Nóirín O’Sullivan was accused of failing to fulfil an order to furnish Gda Harrison with the full Garda file in relation to a personal injury claim.

Acting Garda Commissioner Dónall Ó Cualáin may be forced to appear in court to defend the claim.

Gardaí must hand over all personal emails and notes about McCabe (Independent.ie)

Previously: The Legal Strategy Against Maurice McCabe

Meet The Acting Commissioner

Rollingnews


Clockwise from top left: Sgt Maurice McCabe, former Garda Commissioner Noirin O’Sullivan, former Assistant Garda Commissioner Kieran Kenny; former Chief Superintendent Jim Sheridan and Superintendent Noel Cunningham, who is also president of the Association of Garda Superintendents

Yesterday.

John Mooney, in The Sunday Times, wrote that the Minister for Justice Frances Fitzgerald received a protected disclosure in the summer.

In it, it was claimed that the then Garda Commissioner Noirin O’Sullivan “was informed in May 2014 about a referral from Tusla, the child and family agency, which alleged garda whistleblower Maurice McCabe had been accused of raping a child”.

It’s not known if, on receipt of this information, Ms O’Sullivan notified Justice Minister Frances Fitzgerald about the allegation.

Mr Mooney reported that the protected disclosure has been referred to the Disclosures Tribunal where Judge Peter Charleton is examining claims that the circulation of this false rape allegation was part of a smear campaign against Sgt McCabe.

The Sunday Times‘ article didn’t report what specific day in May 2014 Ms O’Sullivan was supposedly informed.

Nor did it make clear whether the protected disclosure stated that Ms O’Sullivan was told the false rape allegation was a bona fide referral, or if she was told that a false rape referral had been made against Sgt McCabe and that there had been a catastrophic mistake.

This would appear to be crucial as May 2014 was both the month Tusla presented the false referral to the gardai as a bona fide referral and the month Tusla later informed senior gardai that the referral was botched.

In addition.

The Disclosures Tribunal has already been told by retired senior gardai that the fake rape referral travelled up the chain of command in An Garda Siochana and reached the Garda Commissioner’s office in May 2014 and that an update to inform Ms O’Sullivan that it was false was never passed on to Ms O’Sullivan.

Readers will recall…

A complaint by a Ms D was made in December 2006 some 11 months after her father, a guard, Mr D “lost his position and was reverted to other duties” after Sgt McCabe “caused the institution of serious disciplinary procedure against” Mr D in January 2006.

After the DPP investigated Ms D’s complaint, a letter from the DPP’s office was sent to the State solicitor for Cavan Rory Hayden on April 5, 2007, which stated: “Even if there wasn’t a doubt over her credibility, the incident that she describes does not constitute a sexual assault or indeed an assault… there is no basis for prosecution.”

The investigation into the complaint was carried out by Inspector Noel Cunningham – now a Superintendent who is also president of the Association of Garda Superintendents.

The tribunal has heard how Mr Cunningham never gave or informed Sgt McCabe of the DDP’s full instructions but, unbeknownst to Mr Cunningham, Sgt McCabe had been fully briefed of them by Mr Hayden on April 5, 2007.

Readers will recall how Ms D’s 2006 allegation resurfaced during a counselling session, seven years later in the summer 2013, in Cavan, with RIAN counsellor Laura Brophy.

An erroneous allegation of rape against Sgt McCabe ended up being attributed to Ms D when Ms Brophy sent a botched referral to Tusla in August 2013.

Then, readers will recall, on April 30, 2014, Tusla social worker Laura Connolly plucked Sgt McCabe’s file randomly from a cabinet which contained unallocated cases and sent a notification of Sgt McCabe’s file to the gardai even though she was aware the 2006 allegation had already been sent to the gardai and that the DPP had ordered for no charges to be brought.

Ms Connolly made a monumental error by combining both the 2006 allegation, which was found to have no foundation by the DPP, and the 2013 allegation of rape pertaining to a Ms Y which had nothing to do with Ms D but was wrongly recorded by counsellor Laura Brophy as an allegation Ms D had made against Sgt McCabe.

Readers will recall on May 6, 2014, Sean Guerin SC, after examining allegations of Garda misconduct made by Sgt McCabe, Mr Guerin recommended a Commission of Investigation be held into the complaints.

(This would eventually lead to the setting up of the O’Higgins Commission of Investigation in 2015, during which An Garda Siochana said it would argue that Sgt McCabe acted out of malice and that evidence of this would be based on a meeting Sgt McCabe had with two gardai, Supt Noel Cunningham and Sgt Yvonne Martin, in Mullingar in August 2008.

It was also claimed at the O’Higgins Commission of Investigation that the reason Sgt McCabe was acting in such a way was because he wanted the 2007 DPP’s directions overturned.

An Garda Siochana dropped both claims when Sgt McCabe produced a recording of the meeting in Mullingar and told the commission he had been fully briefed of the DPP’s directions and was very satisfied with them and, therefore, had no reason to want them overturned.)

The tribunal has heard that on Wednesday, May 7, 2014 – the same day then Justice Minister Alan Shatter resigned – Supt Leo McGinn, the district officer in Bailieboro, on receipt of Ms Connolly’s referral, forwarded Ms Connolly’s botched referral to the then Chief Superintendent Jim Sheridan, stating that he recommended the 2006/2007 investigation be reviewed.

Then, on May 14, 2014, the then Chief Superintendent Sheridan sent a letter to the then Assistant Commissioner Kieran Kenny.

This was the same day Ms D informed RIAN counsellor Laura Brophy that her referral to the gardai was incorrect.

In addition, Mr Sheridan told the tribunal that Supt McGinn told him the referral was incorrect on May 13, 2014.

And yet.

When Chief Supt Sheridan sent this letter to Mr Kenny on May 14, 2014, Mr Sheridan attached the referral with the unrelated digital penetration error 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.

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 Fail leader Micheal Martin and GSOC.

Kathleen Leader BL, for the tribunal, asked Mr Sheridan why he didn’t tell Asst Comm Kenny that the allegation in the referral was incorrect.

Mr Sheridan said he perhaps should have but he was trying to establish how the error had occurred.

“Perhaps in hinsight, I should have,” Mr Sheridan said.

Asked, in regards to the mention of complaints to Mr Martin and GSOC, was he of the understanding that Ms D had made complaints based on the digital penetration allegation, Mr Sheridan said no, he didn’t think that.

Once again, Ms Leader asked Mr Sheridan why he didn’t state that in the letter?

Mr Sheridan accepted that, in hindsight, he should have and said that there was no malice in his actions.

Ms Leader also asked Mr Sheridan about his knowledge of the complaints to Mr Martin and GSOC.

Mr Sheridan said he knew of the complaints based on media reports and he doesn’t recollect any official notification from GSOC.

In addition.

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

And yet.

When former Mr Kenny gave evidence to the tribunal he told how, on May 16, 2014, he sent a letter to the Commissioner’s office [Noirin O’Sullivan], with the wrong referral attached.

The letter included the line:

“You will note that the allegation identifies the alleged perpetrator as Maurice McCabe.”

Mr Kenny was asked, while passing the matter on to Ms O’Sullivan, if he advised her that the allegation he was sending was different to the allegation of 2006.

He said: No.

The tribunal has previously heard that Mr Sheridan received an amended referral from Tusla on May 20 and that Mr Sheridan then passed this on to Mr Kenny.

But Mr Kenny said he never passed this on to the Garda Commissioner Noirin O’Sullivan.

The tribunal has also heard evidence from Ms O’Sullivan’s private secretary Frank Walsh who said that, despite a later letter sent by Mr Kenny to the Commissioner’s office on July 28, 2014, stating  that “developments will be reported” in regards to the matter – no such developments were reported.

In addition, Det Sgt Walsh told the tribunal that the false allegation against Sgt McCabe was still on file in the Commissioner’s office until the tribunal began earlier this year.

O’Sullivan ‘told of McCabe file’ (John Mooney, The Sunday Times)

UPDATE:

In his article, Mr Mooney also reports: “The tribunal is trying to establish whether the Department of Justice was told about the file, or whether garda management decided to withhold the information pending further inquiries.”

Readers may also wish to note that on February 12, 2017, following a report about the false rape allegation on RTE’s Prime Time on February 9…

Frances Fitzgerald told RTÉ’s The Week In Politics:

“I had no knowledge of all of the things that have emerged on Prime Time in relation to referrals to Tusla and how inadequately they were dealt with; the problems with the counsellor, those issues were absolutely … I was stunned watching those on Thursday night as the public were and as concerned and that’s the truth.”

“…I had no reason to put Tusla in the terms of reference because, as I said to you, I had no knowledge of the facts that emerged on the Prime Time programme on Thursday evening. That’s the reality of the situation. I did not know those details.”

However, later, Fianna Fail leader Micheal Martin told RTE :

“Mrs Frances Fitzgerald is saying she wasn’t aware of the Tusla file until Thursday. I think she needs to clarify that. I need to put on record that our spokesperson for justice, deputy Jim O’Callaghan, met with Frances Fitzgerald on Wednesday evening, specifically to broaden the terms of reference of the Charleton inquiry, to take on board the Tusla file because we had been alerted to it and I had spoken to Maurice McCabe on the Wednesday.

“I was anxious the terms of reference would include the Tusla file. Jim O’Callaghan met Frances Fitzgerald, alerted her to the existence of the file and that it needed to be covered.”

Supreme Court judge Peter Charleton

Yesterday.

At the Disclosures Tribunal.

It heard how significant documents that should have been in a social work file concerning Sgt Maurice McCabe – when it was given to a specific social work review team – were not in the file.

This team was given the file to review as it was tasked with assisting Tusla’s legal team in responding to Sgt McCabe’s solicitor, after he became aware of the false rape allegation levelled against him.

And yet.

The significant documents were in the file when it was given to the tribunal’s investigators.

At the tribunal yesterday, Tusla social worker Lisa O’Loghlen, who was unable to give evidence in respect of Sgt Maurice McCabe earlier this year, gave evidence.

Readers will recall how, in the summer of 2016, the Sexual Assault Response Team was set up in response to the number of retrospective allegations which were unallocated and on waiting lists, awaiting an allocated social worker.

Readers will recall Sgt McCabe’s flawed case was such a case.

The tribunal has already heard how a complaint by a Ms D in December 2006 came 11 months after her father, a guard, Mr D “lost his position and was reverted to other duties” after Sgt McCabe “caused the institution of serious disciplinary procedure against” Mr D in January 2006.

After the DPP investigated Ms D’s complaint, a letter from the DPP’s office was sent to the State solicitor for Cavan Rory Hayden on April 5, 2007, which stated: “Even if there wasn’t a doubt over her credibility, the incident that she describes does not constitute a sexual assault or indeed an assault… there is no basis for prosecution.”

Readers will recall how Ms D’s 2006 allegation resurfaced during a counselling session seven years later in the summer 2013, in Cavan, with RIAN counsellor Laura Brophy.

An erroneous allegation of rape against Sgt McCabe ended up being attributed to Ms D when Ms Brophy sent a botched referral to Tusla in August 2013.

Then, readers will recall, on April 30, 2014, Laura Connolly plucked Sgt McCabe’s file randomly from a cabinet which contained unallocated cases and sent a notification of Sgt McCabe’s file to the gardai even though she was aware the 2006 allegation had already been sent to the gardai and DPP had ordered for no charges to be brought.

Ms Connolly made a monumental error by combining both the 2006 allegation, which was found to have no foundation by the DPP, and the 2013 allegation of rape pertaining to a Ms Y which had nothing to do with Ms D but was wrongly recorded by counsellor Laura Brophy as an allegation Ms D was making against Sgt McCabe.

The tribunal has already heard that social worker Clair Tobin was allocated Sgt McCabe’s case in August 2016 – some eight months after Kay McLoughlin, of Tusla, sent Sgt McCabe a Barr letter (a letter which notifies an alleged abuser of the allegation made against them) in December 2015 which stated Tusla was investigating Sgt McCabe in relation to the false allegation of rape.

This Barr letter was sent after Ms McLoughlin’s superior Gerry Lowry – who knew this allegation was incorrect – failed to open an email attachment which contained Ms Loughlin’s draft letter containing the false allegation in May 2015.

Readers will recall that Sean Costello, SC, for Sgt McCabe, wrote back to Ms McLoughlin to say the allegation was wholly untrue in January 2016 but Tusla did not respond to Mr Costello until June 20, 2016.

In July of this year, Ms Tobin told the tribunal that, on June 27, 2016 – seven days after Tusla finally responded to Mr Costello – she and her co-worker, Lisa O’Loghlen, met with Michael Cunningham, who was the then duty social work team leader in Cavan, and he gave them a number of files and a synopsis of the files.

Ms Tobin told the tribunal that the file did not contained the Garda notification which was made in respect of Sgt McCabe by Laura Connolly in 2014.

Readers will recall Ms Tobin told the tribunal she didn’t know of the Garda notification until RTE’s Prime Time aired the matter in February 9, 2017.

In addition, Ms Tobin said the files she was given didn’t make clear that the DPP had instructed no prosecution on the basis that no criminal offence had taken place.

After Ms Tobin’s evidence about the file’s missing documents, Kay McLoughlin, who had “custody” of the file before it was sent to SART, made an additional statement to the tribunal, stating:

“I wish to state under oath, I did not remove any document from the file. I did not try to sanitise the file. I did not try to pretend things weren’t as bad as they were. I did not cover up anything in relation to the Maurice McCabe file. I have no knowledge of anyone else removing documents from this file and returning them at a later date.”

Further to this…

Yesterday.

Ms O’Loghlen confirmed that there was no Garda notification on the file that she and Ms Tobin reviewed for SART.

Because of this, her review of the file does not mention the 2014 referrall at all.

Patrick Marrinan SC, for the tribunal had the following exchange with Ms O’Loghlen:

Marrinan: “Do you believe that there had been an interference with the file and that these documents had been revolved so that you wouldn’t have sight of them?”

O’Loghlen: “I don’t see why it would have made — I think it’s more that they weren’t put on the file in the first place. That would be my — but I can’t say for sure.”

Marrinan: “Well, these are the only documents that appear to have been removed from the file, you understand?”

O’Loghlen: “Okay.”

Marrinan: “So it would appear to have been something that was done deliberately, because they’re all focused on the Garda referral?”

O’Loghlen: “Okay.”

Later, Judge Peter Charleton, the tribunal’s chairman, had the following exchange with Ms O’Loghlen:

Charleton: “…every bit on the file that you’re reviewing when it comes to the SART team historical child allegations, every bit that records the error going to the Gardaí; in other words the digital anal and vaginal penetration is somehow removed.

O’Loghlen: “Okay.”

Charleton: “Then it comes back sealed, the Tribunal gets it and lo and behold the documents you haven’t seen, which are the worst red flag of all the red flags you could come across…”

O’Loghlen: “Yes.”

Charleton: “…are back on the file.”

O’Loghlen: “Okay.”

Charleton: “So, what conclusion is one to reach? I mean it is a very, very stark set of facts confronting you. I suppose you don’t have to take the fence if you don’t want to take the fence, but I may have to take the fence and that’s why Mr. Marrinan asked you the question. I mean, it’s really… weird, is not the word.”

O’Loghlen: “Yeah. No, I can see how it looks that way and it was very poorly managed in my opinion, from the start in 2006 right through.”

Charleton: “I know, but, you know, there’s the chaos theory and there’s a conspiracy theory.

O’Loghlen: “Yes.”

Charleton: “Let’s say there’s a chaos theory, there’s a conspiracy theory and there’s the cover-up theory.”

O’Loghlen: “Okay.”

Charleton: “The cover-up theory, you know, it has to be supported by something before you reach that conclusion. But in the event that the worst thing that happened is not on the file when you’re reviewing it in your professional capacity.”

O’Loghlen: “Yes.”

Charleton: “And reviewing it competently, I think everybody accepts, that suddenly when the file is sealed, it reappears on the file.”

O’Loghlen: “Yeah.”

Charleton: “It’s kind of hard to reach the conclusion isn’t it…”

O’Loghlen: “Yes, yes, I accept that.”

Charleton: “..that somehow these documents were lost, all about the same thing, and suddenly come back in the right order in the file. That’s the problem. I don’t know whether you would like to comment on that. That was the whole purpose of Mr. Marrinan’s questions.”

O’Loghlen: “Yes.”

Charleton: “Would you like to?”

O’Loghlen: “I can absolutely see how it looks that that is the way that it happened, yes. I just can’t point a finger at any individuals in particular.”

Charleton: “So, I mean, so your view is it looks like a cover-up but you can’t say who was doing the cover-up.”

O’Loghlen: “Yeah, because if they’d been on the file I absolutely would have reported on them, and that’s why I’m so sure that they weren’t on the file.”

Charleton: “And do you think it was a cover-up?”

O’Loghlen: “I don’t think that there is a — between Tusla and the guards no. I do think it was poor management and incompetence.”

Charleton: “Well, I mean, if anybody makes a mistake, I mean it’s hard to own up to it, but sometimes one also can cover oneself in paper or remove the paper…”

O’Loghlen: “Yes.”

Charleton: “…that shows the mistake.”

O’Loghlen: “Yes.”

Charleton: “In administration we all realise that that kind of thing happens. Does it look as if this has happened here? Without having to point the finger at anybody, does it look as if that’s what happened.”

O’Loghlen: “That there was a cover-up?”

Charleton: “Yes.”

O’Loghlen: “It looks that way to me, yes.”

Charleton: “But you can’t say who may have…”

O’Loghlen: “I can’t say, yeah. I can’t.”

Charleton: “Fair enough.”

Under cross examination from Paul McGarry SC, for Sgt McCabe, Ms O’Loghlen said that had she learned of the file’s missing documents before she drew up her report on the file, she might have inquired why they weren’t on the file and asked who had been responsible for the missing documents at the time.

She said team leaders and principals normally hold Garda notifications, not social workers.

The public sittings of the tribunal are not expected to resume until mid/late November.

Previously: ‘I Don’t Know If It Was Through Intention. I Can’t Explain It’

Clockwise from top left: Supt Eugene McGovern; Garda Keith Harrison, Marissa Simms; Chief Supt Terry McGinn; Judge Peter Charleton

This morning.

At Dublin Castle.

After a week’s break, the Disclosures Tribunal, in respect of Garda Keith Harrison, will resume as four witnesses are recalled to give further evidence in light of new documentation which came to light in recent weeks.

The witnesses being recalled today are Chief Superintendent Terry McGinn; Gerry Hone, of Tusla; retired Chief Superintendent James Sheridan and Superintendent Eugene McGovern.

Readers will recall Garda Harrison claims his working life has been difficult since he raised concerns about a garda being involved in the distribution of drugs in Athlone in 2008, and subsequently arrested the same garda for drink-driving in 2009.

It is his contention that the gardai manipulated domestic incidents involving him and his partner Marissa Simms and this resulted in a referral being made to Tusla in February 2014.

This has been rejected by both An Garda Siochana and Tusla.

The decision to make a referral in respect of Garda Harrison to Tusla was made during a meeting on October 8, 2013 about a statement made by Ms Simms on October 6, 2013, following a row between her and Garda Harrison on September 28, 2013.

The tribunal has already heard that, after the meeting on October 8, 2013, Chief Supt Terry McGinn phoned the then Assistant Commissioner Kieran Kenny to keep him informed of events.

The four witnesses have been recalled today following the late emergence of documents which refer to minutes of separate meetings involving senior gardai.

The first is dated November 5, 2013, and refers to a regional divisional meeting held in Dundalk chaired by the then Assistant Commissioner Kieran Kenny.

Chief Supt McGinn and retired Chief Supt Sheridan were at this meeting.

In one line of the minutes, it states that Chief Superintendent McGinn updated the meeting on “the investigation concerning Garda Keith Harrison”.

The tribunal heard that the minutes don’t explicitly refer to any HSE referral.

The second document includes another minute relating to a divisional accountability meeting at Letterkenny Garda Station on November 29, 2013 at 10am.

Garda Keith Harrison isn’t mentioned in the minute but it’s recorded that Gerry Hone, from the HSE, addressed the meeting in relation to HSE referrals.

Chief Supt McGinn and Supt McGovern attended that meeting.

Readers will recall it was Supt McGovern who referred matters concerning Garda Harrison and Ms Simms to Gerry Hone, of Tusla, on October 10, 2013.

Previously: ‘You Don’t Just Stand Back And Do Nothing’

Clockwise from top left: Supt Eugene McGovern; Garda Keith Harrison, Marissa Simms; Chief Supt Terry McGinn; Judge Peter Charleton

Today.

At the Disclosures Tribunal in Dublin Castle.

Judge Peter Charleton continued to examine matters pertaining to Donegal-based Garda Keith Harrison.

Garda Harrison claims his working life has been difficult since he raised concerns about a garda being involved in the distribution of drugs in Athlone in 2008, and subsequently arrested the same garda for drink-driving in 2009.

It is his contention that the gardai manipulated domestic incidents involving him and his partner Marissa Simms that resulted in a referral being made to Tusla in February 2014.

This has been rejected by both An Garda Siochana and Tusla.

The decision to make a referral in respect of Garda Harrison to Tusla was made during a meeting about a statement made by Ms Simms on October 6, 2013, following a row on September 28, 2013.

At this meeting, it was also decided that a Section 102 referral should be made to GSOC.

A Section 102 referral concerns matters that indicate “the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person”.

Serious harm, the tribunal heard, is defined as: “injury that creates a substantial risk of death, causes serious disfigurement or causes substantial loss or impairment of mobility of the body as a whole or of the function of any particular bodily member or organ”.

Today, Dan Wright, of GSOC, who told the tribunal he was involved in setting up GSOC and writing many of its policies, told the tribunal that, in all his time at GSOC, he can’t ever recall taking a referral such as the one that was sent in to GSOC in respect of Garda Harrison in October 2013.

Ms Simms had neither died nor was seriously injured in the row.

The two rationales communicated to Mr Wright for the Section 102 referral were from Supt McGovern, who said it was due to the “psychological harm” element of the incident and, from Chief Supt Terry McGinn, that it was their belief that Garda Harrison may cause either death or serious harm to Ms Simms in the future.

Mr Wright told the tribunal that GSOC is concerned about matters in the past not the future and that the protection of life and property is a matter for An Garda Siochana and not GSOC.

But first to recap.

Readers will recall the following sequence of events:

September 28 2013: Marissa Simms and Garda Harrison had a row.

October 2, 2013: Ms Simms’ mother Rita McDermott made a statement to Inspector Goretti Sheridan and Sgt Jim Collins about Garda Harrison.

In her statement, Ms McDermott is recorded as saying: “Marisa has said that Keith threatened to burn her and the children…She is scared for her life. He said something about burning her and the children and something about take a good look at them children and you will only see them at weekends.”

October 6, 2013: Ms Simms made a statement to Inspector Goretti Sheridan and Sgt Brigid McGowan in Letterkenny Garda Station over 8.5 hours.

In that statement, it’s recorded that Ms Simms claimed Garda Harrison threatened to burn her during a row on September 28, 2013.

Also in her statement, Ms Simms is recorded as saying that, during texts and emails, during the week after their row and that he: “…didn’t mean that he was physically going to burn me but meant that he was going to destroy me.”

Ms Simms has since told the tribunal that Garda Harrison never threatened to burn her and that he told her she was going to ‘get burnt’ if she didn’t stop trying to please everyone.

October 8, 2013: A meeting is called by Chief Supt for Donegal division Terry McGinn in Letterkenny Garda Station. Those present at the meeting were: Inspector Goretti Sheridan; Chief Supt Terry McGinn; Supt Michael Finan, Detective Inspector Pat O’Donnell and Carl Campbell, of Garda internal affairs.

Also on October 8, 2013, Ms Simms handed her phone into Letterkenny Garda Station. However the tribunal has heard it was not analysed until the start of the tribunal in March 2017.

As mentioned above, at this meeting of October 8, 2013, it was decided that the statements of Ms Simms and Ms McDermott would be forwarded to both the Garda Siochana Ombudsman Commission (GSOC) and a referral would be made Tusla and that an investigation would get under way.

The tribunal has heard evidence from Dan Wright of the Garda Siochana Ombudsman Commission, who was the senior investigating officer on call for Section 102 referrals on October 8, 2013.

This morning, he told the tribunal that he received a phonecall from Supt Eugene McGovern at around 12.35pm in which Supt McGovern informed him of a referral over threats by a garda to kill a female.

The tribunal has already heard that, on the same day, an email was sent from Chief Superintendent Anthony McLoughlin of the ‘B’ Branch , or Garda human resources, to Chief Supt Terry McGinn at 12.53pm.

The email stated:

Terry

RE: above and discussion on same. I know that the Supt will inform GSOC. But I am of the view that GSOC should be informed pursuant to S85 of the Act and at this time it is not a S102 referral.
Thanks
Tony

However, Chief Supt McGinn wrote back at 13.14pm:

Tony
The situation has been assessed and Supt McGovern has already made a referral pursuant to S102. We await a response from GSOC.
T

The tribunal has already heard that George O’Doherty, Head of Corporate Services and Human Resources at GSOC, rang Ms Simms about the statement GSOC received on October 9 – at which point she was in hospital with an infection – and that they shared another phone call on October 11, 2013, during which Ms Simms told Mr O’Doherty she did not want GSOC to deal with the matter.

Mr O’Doherty told the tribunal that Rita McDermott’s statement was hearsay as it was third party evidence.

This morning.

Mr Wright told the tribunal that GSOC is compelled to receive every Section 102 referral and there is “clear blue water” between a decision by An Garda Siochana to send a referral and whatever decision GSOC makes in respect of that referral.

Mr Wright told the tribunal “neither group will trespass on the remit of the other”.

Mr Wright said he had heard evidence over the past few weeks that there was this “notion” that GSOC could reject or decline referrals. He said this isn’t true and that once a Section 102 referral is made, GSOC have to deal with it.

He also said there is no power within An Garda Siochana to revoke such a referral.

Mr Wright said that when he spoke to Supt McGovern on the phone he made it clear to him that the protection of life and property is a matter for An Garda Siochana and not for GSOC.

In terms of Mr Wright being aware of Chief Supt McGinn’s rationale for the Section 102 referral – any possible future chance of Garda Harrison harming Ms Simms – Mr Wright said he couldn’t recall where he got that information from.

In terms of Ms Simms telling Mr O’Doherty that she did not wish GSOC to deal with the matter, Mr Wright confirmed to the tribunal that GSOC is not precluded from looking into a matter that it feels would be in the public interest.

Similarly, under cross-examination from Mark Harty SC, for Garda Harrison, Mr Wright confirmed that there is no law in the Garda Act to preclude members of An Garda Siochana from carrying out its own investigation into claims referred to GSOC.

He said:

“You don’t just stand back and do nothing. There are steps to be taken and we would expect those steps to be taken.”

Mr Harty has already told the tribunal that 15 months passed – from the day Ms Simms made her statement – before any garda asked Garda Harrison about the claims.

Last week, while cross-examining Supt McGovern, Mr Harty accused the gardai of not treating the ‘burn’ threat seriously but Supt McGovern said this wasn’t true and that “All threats that come to our attention are assessed.”

The tribunal also heard that Mr Wright wrote to Kevin Clarke, principal officer of the Garda Division in the Department of Justice, on December 10, 2013, in respect of the Section 102 referral.

The correspondence stated:

“I refer to incident referred to GSOC by Supt Eugene McGovern of Milford Garda Station, Co Donegal under Section 102 on Tuesday, October 8, 2013. An examination under Section 91 of the Garda Siochana Act 2005 has been conducted in relation to the above incident and following the examination, the matter has been discontinued.

“The examination of the circumstances clearly shows that at the time of this referral being made, there was no death or serious harm and the matter should have instead been notified to the Garda Ombudsman pursuant to Section 85 of the Act in the normal way. GSOC accepts, however, that the decision to make such a referral is a matter entirely for the Garda Síochána as per current protocol agreement.”

Ms Simms withdrew her statement  on January 11, 2014.

In February 2014, Superintendent Mary Murray was appointed to carry out an independent investigation into Garda Harrison.

On May 14, 2014, Garda Harrison made a protected disclosure.

Chief Supt Terry McGinn confirmed to the tribunal that Supt Murray didn’t take any action until December 2014.

Supt Murray has yet to give evidence.

The tribunal continues.

Previously: ‘It Is A Case Of The Tribunal Blowing Figuratively A Bugle As Loud As It Possibly Can’

Rollingnews

From top: Judge Peter Charleton; Marissa Simms and Garda Keith Harrison

This afternoon.

At the Disclosures Tribunal.

On foot of the emergence of new evidence yesterday which appears to link the Assistant Commissioner Kieran Kenny to a Garda strategy meeting where it was decided that matters pertaining to a domestic incident between Garda Keith Harrison and his partner Marissa Simms would be referred on to Tusla and GSOC…

It has learned that the note was sent to Garda Headquarters – to be forwarded on to the tribunal – but it did not reach the tribunal.

The notes were written by Chief Supt Terry McGinn who was present at the meeting in Letterkenny Garda Station on October 8, 2013 – two days after Ms Simms gave a statement to gardai on October 6, 2013.

Yesterday, the tribunal heard Chief Supt McGinn jotted down:

“Spoke to Supt O’Loughlin [sic] referral and A/C“

It’s understood Supt O’Loughlin is reference to Chief Supt Anthony McLoughlin, of the B Branch.

Diarmaid McGuinness SC, for the tribunal, told Judge Peter Charleton that the tribunal accepts that Chief Supt Terry McGinn did submit the note to the Garda Headquarters but that it, in fact, didn’t reach the tribunal and wasn’t in the tribunal papers.

Mr McGuinness told the tribunal that Conor Dignam SC, for the Garda Commissioner, had given him a clear explanation of what happened to the note.

He said that Mr Dignam explained that the note got separated in the process of sending categorised pieces of information to satisfy the tribunal’s needs.

He said Mr Dignam explained that the Garda liaison team to the tribunal didn’t realise that the note was relevant to the category HSE/Tusla and, as such, wasn’t forwarded.

Yesterday, Conor Power SC, for Chief Supt McGinn, told the tribunal that the note was submitted to the tribunal in June.

This afternoon, Mr Power apologised to the tribunal but Judge Charleton said that he acted on instructions given to him and that that’s what he was told.

Mr Power said Chief Supt McGinn also wished to apologise to the tribunal.

Judge Charleton, somewhat repeating what he said yesterday, told the tribunal:

“I believe I’m going to go for the chaos theory over the conspiracy theory and the reality is we are inundated with papers.”

He added:

“I’m not viewing anyone as being uncooperateive or deceitful. It’s just one of these things.”

In addition, the tribunal was told that retired Assistant Commissioner Kieran Kenny has told the tribunal he “has no recollection of the phone call” referred to in the note.

It also heard as, he is on the “far side of the world”, a statement has not yet been provided to the tribunal – as demanded by Judge Charleton yesterday evening.

However, a statement has been made by Chief Supt Anthony McLoughlin, and fresh statements have been made by Chief Supt McGinn and Supt McGovern – which were also demanded by Judge Charleton yesterday evening.

Readers should note that, earlier this week, Patrick Marrinan SC, for the tribunal, put it to Garda Harrison:

“There doesn’t appear to be a scintilla of evidence to suggest that either Assistant Commissioner Kenny or the Commissioner of An Garda Síochána or anybody in Garda Headquarters had any input in relation to the meeting that took place on the 8th October and the referral of the matter to Tusla?”

Readers should also note that it has been Garda Harrison’s contention that An Garda Siochana manipulated Tusla to intervene in his family life for malicious reasons – a claim both agencies deny.

Garda Harrison claims his working life has been difficult since he raised concerns about a garda being involved in the distribution of drugs in Athlone in 2008, and subsequently arrested the same garda for drink-driving in 2009.

Supt Eugene McGovern has resumed giving evidence.

Chief Supt Terry McGinn is scheduled to give evidence after Supt McGovern.

Earlier: Meanwhile At The Disclosures Tribunal

‘It’s A Case Of The Tribunal Blowing Figuratively A Bugle As Loud As It Possibly Can’

Clockwise from left: Judge Peter Charleton, retired Assistant Commissioner Kieran Kenny, Garda Keith Harrison and members of his legal team

This morning.

At the Disclosures Tribunal.

Proceedings have yet to begin and it’s just been announced that they now won’t start until 1.30pm.

Readers may recall how the tribunal heard new evidence late yesterday which appeared to link the Assistant Commissioner Kieran Kenny to a Garda strategy meeting where it was decided that matters pertaining to a domestic incident between Garda Keith Harrison and his partner Marissa Simms would be referred on to Tusla and GSOC.

The notes were written by Chief Supt Terry McGinn who was present at the meeting in Letterkenny Garda Station on October 8, 2013 – two days after Ms Simms gave a statement to gardai on October 6, 2013.

Yesterday, the tribunal heard Chief Supt McGinn jotted down:

“Spoke to Supt O’Loughlin [sic] referral and A/C“

It’s understood Supt O’Loughlin is reference to Chief Supt Anthony McLoughlin, of the B Branch.

Earlier this week, Patrick Marrinan SC, for the tribunal, put it to Garda Harrison that there didn’t appear to be “a scintilla of evidence to suggest that either Assistant Commissioner Kenny or the Commissioner of An Garda Síochána or anybody in Garda Headquarters had any input in relation to the meeting that took place on the 8th October and the referral of the matter to Tusla”.

Yesterday, in light of the note, Judge Charleton called for statements to be made to the tribunal by both retired Assistant Commissioner Kieran Kenny and Chief Supt McLoughlin by this morning at 10am.

Judge Charleton also criticised the Garda Commissioner for not ensuring that Mr Kenny and Mr McLoughlin had made statements.

Readers should note that, subsequent to the meeting of October 8, 2013, a house visit was eventually made by social worker Donna McTeague to the home of Garda Harrison and his partner Marissa Simms on February 19, 2014 and, after concluding there were no issues of concern, Garda Harrison and Ms Simms received a letter from Tusla on February 27, 2014 to say the matter was closed.

In respect of the GSOC referral, it was sent to GSOC on October 9, 2013, as a Section 102 referral which concerns matters that indicate “the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person”.

The tribunal has already heard that the GSOC referral didn’t proceed.

George O’Doherty, Head of Corporate Services and Human Resources at GSOC, said there was nothing in Ms Simms’ statement to suggest such “serious harm” had been inflicted on her.

In addition, it heard that, on December 10, 2013, Dan Wright, of GSOC, wrote to the then Chief Superintendent in Internal Affairs, Chief Supt Anthony McLoughlin, to tell him that the Section 102 referral was “improperly referred in the view of the Commission” but added: “The Garda Ombudsman Commission accepts, however, that the decision to refer a matter to GSOC is entirely one for An Garda Síochána.”

More to follow.

Previously: ‘It Is A Case Of The Tribunal Bowing Figuratively A Bugle As Loud As It Possible Can’

Clockwise from left: Garda Keith Harrison, Marissa Simms, Judge Peter Charleton and former Assistant Commissioner Kieran Kenny

Earlier today.

At the Disclosures Tribunal.

Judge Peter Charleton continued to examine matters pertaining to Donegal-based Garda Keith Harrison.

Garda Harrison claims his working life has been difficult since he raised concerns about a garda being involved in the distribution of drugs in Athlone in 2008, and subsequently arrested the same garda for drink-driving in 2009.

At around 4pm today, Judge Charleton adjourned the tribunal’s proceedings after demanding that several gardai – including the former Assistant Commissioner Kieran Kenny and Chief Superintendent Anthony McLoughlin of the ‘B’ Branch – issue statements to the tribunal by 10am tomorrow.

He warned that if the deadline is not met, he may have to “say something else”.

He also made a 10-minute speech in which he said the tribunal was blowing a bugle “as loud as it possibly can to ask people to just wake up and start helping us, and, in blowing that bugle, I am not saying that there has been any concealment, any deviousness, any conspiracy, but what I am saying is that things could have been done a lot better and they ought to be done now.”

Judge Charleton’s demand follows the emergence of new evidence in the form of notes from a meeting held in Letterkenny Garda Station on October 8, 2013, which appear to link the former Assistant Garda Commissioner Kieran Kenny to moves made by An Garda Siochana in relation to Garda Harrison and his family.

The meeting took place two days after Inspector Goretti Sheridan and Sgt Brigid McGowan recorded a statement made by the partner of Garda Keith Harrison Marissa Simms, also at Letterkenny Garda Station, on October 6, 2013.

In that statement, it’s recorded that Ms Simms claimed Garda Harrison threatened to burn her during a row on September 28, 2013.

Ms Simms has since told the tribunal that Garda Harrison never threatened to burn her and that he told her she was going to ‘get burnt’ if she didn’t stop trying to please everyone.

In addition, the tribunal has heard of a statement made by Ms Simms’ mother Rita McDermott to Inspector Goretti Sheridan and Sgt Jim Collins on October 2, 2013 – four days before Ms Simms made her statement.

In her statement, Ms McDermott is recorded as saying: “Marisa has said that Keith threatened to burn her and the children…She is scared for her life. He said something about burning her and the children and something about take a good look at them children and you will only see them at weekends.”

At the meeting of October 8, 2013, it was decided that the statements of Ms Simms and Ms McDermott would be forwarded to both the Garda Siochana Ombudsman Commission (GSOC) and Tusla and that an investigation would get under way.

It has been Garda Harrison’s contention that An Garda Siochana manipulated Tusla to intervene in his family life for malicious reasons – a claim both agencies deny.

Subsequent to the meeting of October 8, 2013, a house visit was eventually made by social worker Donna McTeague to the home of Garda Harrison and his partner Marissa Simms on February 19, 2014 and, after concluding there were no issues of concern, Garda Harrison and Ms Simms received a letter from Tusla on February 27, 2014 to say the matter was closed.

In respect of the GSOC referral, it was sent to GSOC on October 9, 2013, as a Section 102 referral which concerns matters that indicate “the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person”.

Serious harm, the tribunal heard, is defined as

“injury that creates a substantial risk of death, causes serious disfigurement or causes substantial loss or impairment of mobility of the body as a whole or of the function of any particular bodily member or organ”.

Last week, under cross examination from Mark Harty, SC for Garda Harrison, George O’Doherty, Head of Corporate Services and Human Resources at GSOC, told the tribunal Ms McDermott’s statement was hearsay as it was third party evidence while there was nothing in Ms Simms’ statement to suggest such “serious harm” had been inflicted on her.

The tribunal heard that Mr O’Doherty rang Ms Simms about the statement GSOC received on October 9 – at which point she was in hospital with an infection – and that they shared another phone call on October 11, 2013, during which Ms Simms told Mr O’Doherty she did not want GSOC to deal with the matter.

In addition.

While cross-examining Mr O’Doherty last week, Mr Harty told the tribunal that Chief Supt Terry McGinn – who is due to give evidence tomorrow – was told, “by Garda internal affairs” within 18 minutes of the section 102 referral being made, it was not an appropriate matter for a section 102 referral.

Mr O’Doherty said he wasn’t aware of this.

Asked if, as far as he was concerned, Chief Supt McGinn didn’t contact GSOC to withdraw the Section 102 referral, Mr O’Doherty said he wasn’t aware.

In any event.

Those in attendance at the October 8 meeting were Inspector Goretti Sheridan; Chief Supt Terry McGinn; Supt Michael Finan, Detective Inspector Pat O’Donnell and Carl Campbell, of Garda internal affairs.

And according to the notes taken during the meeting, by Chief Supt McGinn, which emerged this afternoon, she jotted down:

“Spoke to Supt O’Loughlin [sic] referral and A/C Kenny“.

The mention of Supt McLoughlin and former Assistant Commissioner Kieran Kenny follows Patrick Marrinan SC, for the tribunal, asking Garda Harrison earlier this week questions pertaining to his understanding of that meeting on October 8, 2013.

They had the following exchange:

Patrick Marrinan: “… I’m talking about an input into the meeting on 8th October. There doesn’t appear to be a scintilla of evidence to suggest that either Assistant Commissioner Kenny or the Commissioner of An Garda Síochána or anybody in Garda Headquarters had any input in relation to the meeting that took place on the 8th October and the referral of the matter to Tusla?

Keith Harrison: “Well, I’d disagree there, because we have seen and we know that Garda Carl Campbell had sent information to Internal Affairs, which is based in Phoenix headquarters, so there was information leaving the division and going to other areas in Garda management, and that’s there to be seen.”

Further to this…

The note of the meeting in October 2013, by Chief Supt McGinn, was given to Mr Harty SC, Garda Harrison just before 3pm today, while he was cross-examining Supt Eugene McGovern.

Mr Harty told the tribunal the note was given to Diarmuid McGuinness SC, for the tribunal, just 20 minutes prior to his receipt of it, and that the reference to discussions with Assistant Commissioner Kieran Kenny was something of which he knew nothing.

Mr Harty went on to say that, given the emergence  of this note, he was very concerned that there are other documents that the tribunal has not seen, especially as this new note is “directly relevant” to the meeting of October 8.

Discussions of the note led to some tetchy exchanges between Judge Charleton and Mr Harty – with Judge Charleton claiming he was “under attack” before Judge Charleton later called for the statements by 10am tomorrow and adjourned the proceedings.

Initially, Judge Charleton said that he didn’t think the note was “the famous silver bullet that is being looked for” but said he is “very willing to listen to everything”.

Judge Charleton then suggested that Mr Harty continue to cross-examine Supt McGovern.

However, Mr Harty insisted that the matter wasn’t marginal as this was the meeting that prompted contact with the HSE/Tusla and GSOC.

Mr Harty said:

“There is no possibility that anybody could have believed that this document was irrelevant. And what my difficulty with that is, is that if I am receiving this now, what other documents am I not seeing that are directly relevant to this issue?“

The tribunal then heard that Chief Supt McGinn provided the document to the tribunal in June of this year.

Following on from that, Kathleen Leader BL, for the tribunal, said Diarmuid McGuinness SC, for the tribunal, was checking the tribunal’s investigators’ position.

As Mr Harty began to raise his concerns, Judge Charleton told him:

“I don’t think there is any point in actually feeding, you know, a great sense of conspiracy. It is not going to help anybody. It’s not going to help your client, for instance. It really doesn’t help me either. We are looking into this, there may be a perfectly innocent explanation. I tend to go for the chaos theory before I go for the conspiracy theory and that is the right way to approach things, Mr Harty.”

Mr Harty said he wasn’t trying to accuse anyone of any conspiracy but suggested that Mr Kenny should have made a statement to the tribunal. He also called for Mr Kenny to give evidence to the tribunal.

At that point, Mr Harty asked for time to speak with Mr Harrison to take instructions from him.

Judge Charleton said:

“I tend to wonder at the amount of heat and emotion being generated in relation to this, Mr Harty, and I am not happy about it…  No, Mr Harty, I really am not happy about it. I mean, I think it’s the duty of counsel to pursue matters in accordance with what he regards as being important to the case, not necessarily to take instructions in relation to what counsel is to do on a matter.”

Judge Charleton and Mr Harty then had the following exchange:

Harty: “…My client was accused and asked, in fact by the Chair of the Tribunal, how he came to the conclusion that there were people outside the Donegal division who were running this conspiracy about him. This is directly relevant to a question that the Chair of this Tribunal put in incredulous terms to my client in the witness-box.”

Charleton: Mr Harty, I am now under attack.

Harty: No, sir.

Charleton: No, I am under attack and I don’t like it. I don’t think it’s fair to impugn the integrity of the person whose job it is to actually find the truth in relation to this matter. Now, I think what we ought to do is, I think you are right, we ought to adjourn for a number of minutes so that calm perhaps will return.”

Following a brief adjournment, Judge Charleton spoke for around 10 minutes before adjourning.

He said:

“All right. I think I need to say something now. I was asked to do this Tribunal in February of this year and indeed we started hearings I think in June and continued on through July. But the very first thing that I did was that I sat alone without the advice of counsel, apart from Ms. Leader, who was on board at that stage, and I made a statement in the two official languages of the State asking for cooperation, and in particular, thinking, perhaps naively, that this was going to be the most efficient tribunal that had been run for a number of years, I asked for people who actually knew things relevant to the terms of reference to write to the Tribunal and tell us what they knew.

“Now, some people did. Appreciating as well that as time goes on, certain issues crystallise as being of importance, if you like, a pivot in a case, it has been pretty clear, it seems to me, for the last couple of weeks that one of the important pivots in this case from which something perhaps might be made in terms of the book being thrown at Garda Harrison in consequence of the statement made on 6th October, was the 8th October 2013 meeting.

“Now, I, of course, have no idea as to whether there was a decision to throw the book at Garda Keith Harrison or if that happened, whether it was unjustifiable in the context. Just as, at this stage, having heard some of the evidence, I have absolutely no idea until we come to the end of matters and the matter has been considered as to how the statement on 6th October 2013 was taken, or indeed as to the veracity or otherwise of that statement in the context of the events that stretched back at that point about three years but focusing in particular on events which occurred in April, August and on the 28th September and on other dates.

“But it has been completely clear, as I said, that this conference on 8th October 2013, when there was a reference to GSOC under section 102 of the Garda Act, which refers to death or serious injury to a person, was made, and where also there was a reference to Tusla/HSE authorities, and, following on, it seems, later, where there was a reference indeed to discipline and also the start of a criminal investigation, was a serious and a pivotal point. Now, I know that. The Garda Commissioner is represented here, they know that.

“And today, for the first time, we have a reference to Assistant Commissioner Kenny somehow being consulted in relation to this and B Branch being consulted in relation to this, that is to say Superintendent O’Loughlin [sic]. There should have been reference to that in the statement, I believe, of Chief Superintendent McGinn, possibly – if he remembered it – in Superintendent McGovern’s own statement, I don’t know, but it’s not there, and we should also have had, in consequence of what the Tribunal asked for in February, a statement from Assistant Commissioner Kenny relevant to this and a statement from B Branch relevant to this, and we don’t. And we should have had.

“Now, that’s not the Tribunal’s fault. The Tribunal has asked for these things and, frankly, I can think at the moment of no excuse why they haven’t happened. I mentioned earlier in dialogue with Mr Harty, who has properly drawn this to my attention, that of course during the course of cases, be they criminal or civil, from time to time documents crop up and quite often perhaps in the past, courts in this country have made too much in relation to them.

“Now, whether it be the case that it is possible to say that a conspiracy in relation to Garda Harrison was widely promulgated as and of the meeting of 8th of October, whether it went back to an earlier date or not, again I have no idea but that certainly has been the focus of inquiries over the course of the last two to three weeks, and therefore, this matter is actually of importance. So what happened here in relation to this document?

“Well, Mr [Conor] Power has said that this particular diary entry was given to the Tribunal in June. One of the difficulties that we have is that until such time as things are actually typed up, that they are not searchable on our computer system.

“…  We seem to have had this document, but I am having inquiries made overnight, and I don’t know why it didn’t come up, but, again, I can’t find that out in the course of the last 15 to 20 minutes, but certainly a complaint in relation to it is valid. So now the question is, what can I do in relation to it.

“Well, the duty that is cast on me, and on me alone, in relation to this matter, by the Oireachtas, is to investigate contacts between members of An Garda Síochána and Tusla in relation to Garda Keith Harrison. Now, a reference was made to Tusla, that is to say a formal reference, in consequence of this conference of the 8th of October 2013. As to what the motivation of the Garda Síochána was, is, of course, important, very important.

“We have heard from the Tusla witnesses, but we are not yet finished hearing from the Garda Síochána witnesses, and I don’t know where the evidence is going to go. What is certain to me is that this should have been referred to, and I have said this earlier, possibly in Superintendent McGovern’s statement – I am not going to ascribe blame to anybody at this stage – probably in Chief Superintendent McGinn’s statement. It’s not there referenced.

“And in addition to that, I am absolutely certain that the Garda Commissioner, in consequence of this Tribunal asking for their assistance as and from February, should have caused a statement to be taken in relation to this from Assistant Commissioner Kenny and from Superintendent O’Loughlin [sic].

“So what I am going to do now is the following: Firstly, I am going to adjourn overnight because we have to. Secondly, I am going to make inquiries as to this document and as to whether there is anything else that could possibly be there in handwriting that might be referable. Now, that search is going to be made.

“And, in addition, I am requiring Assistant Commissioner Kenny to have a statement available to the Tribunal at 10 o’clock tomorrow morning and Superintendent O’Loughlin of B Branch in Garda Headquarters to have a statement available to the Tribunal at 10 o’clock tomorrow morning and I am also asking for an additional statement from Chief Superintendent McGinn in relation to this particular issue. And although it’s interrupting the evidence of Superintendent Eugene McGovern, Superintendent McGovern, who is now giving evidence, I am going to ask him if he has a recollection in consequence of this to make an additional statement.

“Can I just emphasise one thing, please, and that is this: As I said to Mr Harty when he made the submissions, which have properly drawn attention to this matter, I tend to go for the conspiracy theory only when the chaos theory has been outruled, but this is not a case of the Tribunal now ascribing blame to anybody, but it is a case of the Tribunal blowing figuratively a bugle as loud as it possibly can to ask people to just wake up and start helping us, and, in blowing that bugle, I am not saying that there has been any concealment, any deviousness, any conspiracy, but what I am saying is that things could have been done a lot better and they ought to be done now.

“Now, in the event that things aren’t available to me at 10 o’clock tomorrow morning, it may be necessary for me to say something else. For the moment, that is all I am going to say, and I am not going to hear any submissions now, and I am going to sit again at 10 o’clock in the morning.”

At that point, Mr Power SC, for Supt McGinn attempted to clarify the name of Superintendent McLoughlin – as opposed to O’Loughlin – with Judge Charleton.

But Judge Charleton simply said “no” and left the room.

Separately.

Readers may also wish to note that Assistant Commissioner Kenny has previously given evidence in relation to matters concerning Sgt Maurice McCabe and Tusla.

The tribunal heard he forwarded the false rape allegation, recorded against Sgt McCabe, to the office of the then Garda Commissioner Noirin O’Sullivan on May 16, 2014, despite being aware that the incorrect allegation was wholly different to the allegation that was made in 2006, and subsequently dismissed in 2007.

As he passed it on to Ms O’Sullivan, Mr Kenny didn’t advise her that the allegation was different to that of 2006.

In addition, the tribunal has heard how Mr Kenny did later receive a corrected referral from Tusla on May 20, 2014 but never forwarded this on to Ms O’Sullivan.

Det Supt Frank Walsh, who worked as private secretary to the commissioner until last year, told the tribunal in the summer that the false allegation against Sgt McCabe was still on file in the Commissioner’s office until the tribunal began earlier this year.

The tribunal continues.

Previously: Meanwhile, At The Disclosures Tribunal

Meanwhile, At The Disclosures Tribunal

‘I Didn’t Exclude Him, I Just Didn’t Include Him’

Rollingnews