Tag Archives: Maurice McCabe

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Further to last night’s reports in the Irish Examiner and RTÉ’s Prime Time concerning the circulation of a false allegation of child sex abuse against Sgt Maurice McCabe by Tusla…

Tusla have released the following statement.

Due to Data Protection and Constitutional rights, Tusla is prohibited from commenting on the details of individual cases. We also have a responsibility to protect the privacy and wellbeing of the children and families with whom we work.

Taking an overall view of this situation, however, it is clear to us that mistakes have been made. On this basis, we have commenced an internal review and we will cooperate fully with any commission of inquiry if requested.

Although we cannot comment on the details of this individual case, we can confirm that we are in the process of apologising fully to the individual involved.

It is important to note that when we receive allegations from a child – or from an adult reflecting on when they were a child – that we are obliged to carry out a complete assessment. We also accept that because of the nature and complexity of these situations,  the systems and processes involved in doing this need to be extremely robust.

In this case, it appears there were some failures and these are the subject of our internal review, the conclusions of which will be made public.

Tusla regrets that this situation has arisen and deeply apologises for distress caused. It does not reflect the high standards that we hold ourselves to and we want to assure the public that we will take whatever steps are required to ensure that nothing like this happens again.

H/T: Aubrey Robinson

Earlier: Pasted In Error

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Last night.

On RTÉ One’s Prime Time.

Reporter Katie Hannon (top) outlined the sequence of events that lead to Garda whistleblower Sgt Maurice McCabe being falsely accused of sexually abusing a child – a false allegation that was circulated by Tusla.

Ms Hannon explained:

January 2006: Sgt Maurice McCabe made a serious complaint against a colleague which resulted in a sanction being imposed on that colleague – according to a document prepared for the O’Higgins’ Commission of Investigation in 2016 by the chief state solicitor’s office.

December 2006: This colleague made a complaint about Sgt McCabe on behalf of his daughter. The daughter subsequently made a statement in which she alleged that about ten years previously, when she was around six years old, she had been playing hide and seek with Maurice McCabe and his two eldest children at their home. She said when Sgt McCabe found her, he tickled her and pressed up against her in an inappropriate manner. The allegation was investigated and a file was sent to the DPP with the recommendation that there was no grounds for a prosecution. The DPP directed that no prosecution should be taken – with the observation that it was doubtful the allegations should constitute a crime at all.

August, 2013: A counsellor notified Tusla that a client she was counselling had disclosed that she had experienced one incident of sexual abuse during childhood by Sgt McCabe. This client was supposedly the same girl who made the statement in 2006. But details of the alleged abuse had changed. According to the counsellor’s report, it was said to have involved digital penetration – vaginal and anal. Within days of being told about the allegation, a social worker contacted the original investigating garda to request a meeting about the case. It’s not known if the meeting took place. But a formal Garda notification form, setting out the detail of the allegation, was not sent to the superintendent in charge in the relevant district until May 2 – eight months later. Sgt McCabe was not told that the Tusla files containing an allegation that he had abused a child.

Supt Dave Taylor, former head of the Garda Press Office, would later (in May/June 2016) tell Sgt McCabe that he was told to spread this allegations through texts, etc., to gardai, journalists and others. In a protected disclosure, he said he was told to do this by senior Garda management and that the then deputy Garda Commissioner Noirin O’Sullivan was kept fully briefed of the campaign at all times – a claim she has rejected.

January, 2014: The then Garda Commissioner Martin Callinan, accompanied by the then deputy Garda Commissioner Noirin O’Sullivan, appeared before the Public Accounts Committee, during which Mr Callinan made the infamous ‘disgusting’ comment about Garda whistleblowers Maurice McCabe and John Wilson.

Shortly after this, Fianna Fail TD John McGuinness, who was then chair of the Public Accounts Committee, claims he was privately contacted by Mr Callinan and met him in a car park on the Naas Road. During their conversation, Mr Callinan told Mr McGuinness that Sgt McCabe could not be trusted.

March 25, 2014: Mr Callinan resigned from his position as Garda Commissioner.

April 2014: Tusla opened separate files on Sgt McCabe’s four children – all of which included the allegation that Sgt McCabe was alleged to have abused a six-year-old girl and that the abuse involved both vaginal and anal penetration.

May 14, 2014: The counsellor contacted Tusla to say she had made an administrative error in her report to Tusla. In turn, a Tusla email states: ‘The line that ‘this abuse involves digital penetration, both vaginal and anal’ is an error and should not be in the referral. It is, in fact, a line from another referral on another adult that has been pasted in error. The counsellor has apologised and is sending us an amended report asap’.

Within minutes of receiving this report, the social worker released an instruction that the garda notification be amended immediately and the relevant superintendent be notified of the same. The amended garda notification was sent to the relevant superintendent in charge, saying that an earlier report from this counsellor contained an administrative error. The notification said there had been an allegation of a single incident of sexual abuse, stating: ‘At the time of the incident, both the girl and the alleged were fully clothed and the incident involved inappropriate contact’.

An email indicates that, within days of the ‘error’ being discovered, the counsellor believed that the local superintendent of the relevant district had been asked to meet the Garda Commissioner in relation to this case. And there was some anxiety that this superintendent hadn’t been brought up to date about the error in the file and it had to be sent to him immediately. In a statement from the Garda Press Office to Prime Time about this, saying, “Commissioner O’Sullivan had no meeting with the superintendent in question in May, 2014 and did not request such a meeting. No such meeting has ever taken place between Commissioner O’Sullivan and that superintendent.”

December 29, 2015: A child protection social worker wrote to Sgt McCabe saying Tusla was investigating an allegation of abuse against him from the 1990s and that the abuse included digital penetration. He was invited to a meeting to discuss the allegations. It was the first time Sgt McCabe had heard of the allegation. He responded, via his solicitor, stating the allegation was ‘wholly untrue’ and set out the circumstances behind the original, entirely different, allegation and the DPP’s finding that it was doubtful the allegations constituted a crime at all.

June 20, 2016: The same social worker from Tusla responded, stating the agency was obliged to assess the allegations but conceded ‘I apologise that a mistake was made in my previous correspondence. I can confirm to you that no allegation of digital penetration had been made in relation to your client.’

January 10, 2017: After requesting copies of every Tusla records about him and his family, Sgt McCabe received a thick file of the various, incorrect notifications to the gardai.

The files also show that the girl who made the statement in 2006 had told Tusla that she did not wish to – last August –  to pursue the matter any further.

January 27, 2017: The chief operations officer of Tusla wrote to the Secretary General of the Department of Children and Youth Affairs acknowledging that ‘mistakes were made in the management of this matter’ and saying that he had ‘instituted a case review internal to Tusla’. It also stated: ‘I regret that the management of this case did not reach the high standard we have set for the service and it is out intention to issue a full formal apology to Mr McCabe for the failings’. The McCabe family are still awaiting this apology.

Watch back in full here

Maurice McCabe: False sex abuse claim by Tusla destroyed my family (Michael Clifford, Irish Examiner)

Previously: Unspeakable Allegations

The Thin Blue Timeline [Updated]

UPDATE:

Meanwhile, readers will recall how on Wednesday, the terms of reference for the commission of investigation into claims of an orchestrated smear campaign against Sgt McCabe within the gardai and with the knowledge of Garda Commissioner Noirin O’Sullivan, were published.

These terms of reference state that the commission of investigation must look at the circulation of an allegation of criminal misconduct made against Sgt McCabe by Supt Dave Taylor and to find out what former Garda Commissioner Martin Callinan and the Garda Commissioner Noirin O’Sullivan knew about it and when they knew about it.

However, there is no mention of the allegation itself being investigated.

It’s also emerged that the terms of reference were published after Sgt Maurice McCabe met with the Minister for Children and Youth Affairs Katherine Zappone two weeks ago. Tusla is under Ms Zappone’s remit.

This morning, Sean Costello, solicitor for Sgt Maurice McCabe, spoke to Sean O’Rourke on RTE One and they had the following exchange:

Sean O’Rourke: “Has sergeant McCabe met Minister Zappone?”

Sean Costello: “I believe that he has.”

O’Rourke: “Well I suppose the answer suggests you were not at that meeting.”

Costello: “No.”

O’Rourke: “Right. Do you know anything about it or how he got on?”

Costello: “I’m afraid I don’t.”

O’Rourke: “Or when it took place?”

Costello: “It would have been close to two weeks ago.”

O’Rourke: “Was he in anyway assured or reassured by her?”

Costello: “Well I think that, after the meeting, he was happy that he had been met by the minister but yes, it was a case of the minister receiving the information that was being given by Maurice and Lorraine McCabe in relation to the matters that transpired once they received the Tusla file [in January 2017].”

Anyone?

Listen back here

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Garda Commissioner Nóirín O’Sullivan at a press conference in 2014, and whistleblower Supt Dave Taylor (left) 

This morning.

Sarah Bardon, in The Irish Times, reports:

The Government is to move to establish a commission of investigation into allegations that senior gardaí engaged in an orchestrated campaign to discredit a Garda whistleblower.

The Irish Times understands that retired high court judge Iarlaith O’Neill, who was asked last October to take a look at the allegations and report his findings within weeks, has recommended that further investigation is warranted into claims made by Supt David Taylor.

… In her 10-page submission to Mr O’Neill, seen by The Irish Times, the commissioner denies she was involved in any such campaign against Mr McCabe.

…Ms O’Sullivan told the judge she had an unblemished disciplinary and conduct record that she prided herself on.

New commission to investigate Garda whistleblower claims (Sarah Bardon, The Irish Times)

Meanwhile…

Last December.

Readers may recall how it was reported in The Sunday Times that retired High Court judge Iarfhlaith O’Neill – who has examined the protected disclosures made by Sgt Maurice McCabe and former head of the Garda Press Office Supt Dave Taylor – was given “conflicting accounts from key witnesses” including the Garda Commissioner Noirin O’Sullivan.

Mr Justice O’Neill’s review was received by the Minister for Justice Frances Fitzgerald on December 7 but it has not yet been published.

Readers will recall how Supt Taylor has claimed there was an orchestrated campaign, within the gardai, to destroy the reputation of Sgt McCabe.

Supt Taylor has claimed he was following orders from senior gardaí and that both the former Garda Commissioner Martin Callinan and the current commissioner Ms O’Sullivan knew about the campaign.

Before Christmas, John Mooney, in The Sunday Times, reported that, as part of his protected disclosure, Mr Taylor claimed he sent a text to Ms O’Sullivan in which he told her a journalist had interviewed a person making allegations about McCabe.

Taylor claims O’Sullivan sent a one-word reply to his text: “perfect”.

In a statement to Mr Justice O’Neill, Ms O’Sullivan denied Taylor’s claims, and said she often responded to texts messages using the word “perfect” or “thanks”.

New row over McCabe ‘smears’ (John Mooney, Sunday Times)

Yesterday: “Legacy Issues”

Leah Farrell/Rollingnews

 

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Former Garda Commissioner Martin Callinan and current Garda Commissioner Nóirín O’Sullivan

Yesterday.

In The Sunday Times.

John Mooney reported on the protected disclosures made by Sgt Maurice McCabe and former head of the Garda Press Office Supt Dave Taylor to the Minister for Justice Frances Fitzgerald.

He reported that retired High Court judge Iarfhlaith O’Neill, who has reviewed the allegations and given a report on the same to Ms Fitzgerald, had been given “conflicting accounts from key witnesses” including the Garda Commissioner Noirin O’Sullivan.

Readers will recall how Supt Taylor has claimed that there was an orchestrated campaign, within the gardai, to destroy the reputation of Sgt McCabe.

Supt Taylor has claimed he was following orders from senior gardaí and that both the former Garda Commissioner Martin Callinan and the current commissioner Ms O’Sullivan knew about the campaign.

Further to this…

Mr Mooney reported:

A central allegation examined by O’Neill is thought to have concerned a text Taylor says he sent to O’Sullivan informing her a journalist had interviewed a person making allegations about McCabe. Taylor claims O’Sullivan responded to his text with a one-word reply: “perfect”.

In a statement to O’Neill, O’Sullivan vehemently denied Taylor’s claims, and pointed out the large number of text messages she got on various matters. The commissioner acknowledged she often responded to text messages using the word “perfect” or “thanks”, and described these as “perfunctory” replies to the large number of messages she received while a deputy commissioner.

…The Sunday Times has learnt O’Neill also approached Callinan about an unsolicited approach he made to John McGuinness, as chairman of the PAC, in advance of McCabe’s appearance at a parliamentary committee.

Details of the meeting, which took place in a hotel car park in 2014, emerged after McGuinness claimed he had been given damaging information about McCabe by the former garda commissioner.

In a two-page letter to O’Neill, Callinan said he regarded media reports on what had transpired at the meeting as “hearsay” and asked that his constitutional rights be protected. The former commissioner also asked O’Neill for a guarantee his legal fees would be discharged.

New row over McCabe ‘smears’ (John Mooney, The Sunday Times)

Rollingnews

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Garda Commissioner Noirin O’Sullivan and Minister for Justice Frances Fitzgerald; Enda Kenny meeting Sgt Maurice McCabe during the local and European elections in May 2014

You may recall the recent protected disclosures made by Garda whistleblowers to the Minister for Justice Frances Fitzgerald.

They were reportedly sent by Sgt Maurice McCabe and Supt Dave Taylor, former head of the Garda Press Office – with Supt Taylor stating he was instrumental in the campaign to discredit Sgt McCabe.

He’s also claimed both former Garda Commissioner Martin Callinan and the current Garda Commissioner Noirin O’Sullivan knew about the campaign.

You may also recall how Ms Fitzgerald appointed Mr Justice Iarfhlaith O’Neill to review these disclosures.

Further to this…

Last night, the Ms Fitzgerald released a statement stating she had received the report from Justice O’Neill.

She said:

The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald TD, today received the Report of Mr Justice Iarfhlaith O’Neill of his Review relating to two protected disclosures which were made to her by members of An Garda Síochána in early October.

Mr Justice O’Neill was asked to review the allegations of wrongdoing contained in the disclosures, to make any inquiries with persons or bodies that he considered appropriate in relation to the review and to report to the Tánaiste on the conclusion of the review, including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.

The Report sets out in detail the allegations contained in the protected disclosures. I

n view of the nature of those allegations and the fact that third parties are mentioned the Report is being referred to the Attorney General for her advice on how to proceed, including the question of what material might properly be put in the public domain, having regard to the rights of all concerned.

The Tánaiste is very grateful to Mr Justice O’Neill for carrying out this work so expeditiously and presenting his Report, which will form the basis for ensuring that the protected disclosures are properly addressed.

When the advice from the Attorney General is received, the Tánaiste will bring forward proposals to Government to this end. The Tánaiste is not in a position to make any further comment at this time.

Hmmm.

Statement on the Report of Mr Justice Iarfhlaith O’Neill of his Review relating to two Protected Disclosures (Department of Justice)

Previously: ‘Word Came Down From The Top That He Be Crushed’ 

‘They Tried To Blame Maurice For Everything. It Was Bullshit’

Rollingnews

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From top: Garda Siochana Ombudsman Commission office; Garda Commissioner Nóirín O’Sullivan; and Fianna Fáil justice spokesman Jim O’Callaghan

This morning, the Irish Examiner reported that GSOC cannot obtain documents in relation to the O’Higgins Commission which investigated complaints made by Sgt Maurice McCabe.

In addition, it also reported that Garda Commissioner Nóirín O’Sullivan cited legal restrictions under the Commission of Investigations Act 2004 as reasons for why she could not give GSOC certain documents in relation to a public interest investigation regarding Sgt McCabe’s claims.

This is despite the fact that it was Commissioner O’Sullivan who originally called on GSOC to carry out such an investigation.

Further to this…

After recently telling RTÉ’s Six One News that he had “confidence” in Ms O’Sullivan. Fianna Fáil’s justice spokesman Jim O’Callaghan spoke to Áine Lawlor on RTÉ’s News at One about his proposal to get around the legal issues.

Áine Lawlor: “Jim O’Callaghan is proposing a change in the Commission of Investigation’s Act that would overcome this hurdle and he joins us now from our Dáil studio. Good afternoon, Jim O’Callaghan.”

Jim O’Callaghan: “Good afternoon.”

Lawlor: “The specific problem. What is it? That nobody basically can have access to the private papers, the private recordings, or testimonies given to a private commission of inquiry – even though there’s public interest investigation going on by GSOC. Is that it?”

O”Callaghan: “Yes that is the problem. In June of this year, the Tanaiste referred to GSOC, the issue about the two conflicting accounts of the meeting in Mullingar, in 2008. She made that reference under Section 102 of the Garda Siochana Act. We now learn that GSOC wrote to An Garda Siochana, seeking access to all documents, including transcripts. Now the Garda aren’t allowed to provide those transcripts because of Section 11 of the Commission of Investigation Act 2004. So I would have thought that if the story in the Examiner today is correct that there is a relatively simple method of getting around this problem which would be by amending Section 11, to provide for one other provision whereby the information could be provided. And that would be if there’s an ongoing investigation being conducted by GSOC under part 4 of the Garda Siochana Act.”

Lawlor: “And, indeed, you’ve sent us a copy of your proposed Commission of Investigation amendment bill. It’s nice and short. We understand this matter has been referred to the Attorney General. Do we know if she is looking at a simple legislative change, like yours, would unblock this roadblock?”

O’Callaghan: “Well, we had a similar roadblock, in respect of the Judge Cregan inquiry [into IBRC transactions and write-offs] when Judge Cregan said that the underlying legislation didn’t allow him access to confidential information. And there was a small amending piece of legislation introduced in order to facilitate him. So the alternative here is that the GSOC inquiry doesn’t go any further. I don’t think that’s an option. Consequently, I think we should give consideration to amending the legislation. Obviously, it’s all dependent on the story in the Examiner being correct. If the story is correct, well then I think the only solution to it would be to provide for some amending legislation.”

Lawlor: “And, should it be true, would it not have dawned on anyone back in June, particularly given that this kind of roadblock around the privacy of commission of inquiries that that had cropped before, that might be an issue in this case.”

O’Callaghan: “Well, I have to say, I was slightly surprised when I heard that GSOC hadn’t commenced there investigation into this. They were asked to investigate two conflicting accounts of a meeting that took place in Mullingar and they say they need the transcripts, they’re the investigator. But I would have thought they should be able to commence the investigation even if they didn’t have access to the transcripts. So, it’s an investigation that could, in my opinion, be conducted without the transcripts. However, they’re the investigator. They said they need them and they’re not going to commence unless they get them and I think we need to respond to what they state.”

Listen back in full here

Previously: Untold Damage

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From top: Car park of The Maldron Hotel, formerly Bewley’s Hotel, Newlands Cross, Dublin 22; the panel on last night’s Tonight with Vincent Browne and Vincent Browne

Last night.

On Tonight with Vincent Browne.

The panel included Independents 4 Change TD Clare Daly; Irish Examiner journalist Michael Clifford; director of communications at Social Democrats Anne Marie McNally; and Gavan Reilly, of Today FM.

The show followed Noirin O’Sullivan’s appearance before the Joint Oireachtas Committee on Justice and Equality on Wednesday, of which Clare Daly is a member.

They discussed the ongoing Garda whistleblower controversies and, in particular, the meeting that took place between Fianna Fail TD John McGuinness and former Garda Commissioner Martin Callinan in a car park on the Naas Road on January 24, 2014.

Mr McGuinness has told the Dail that, at that meeting, Mr Callinan told him Sgt Maurice McCabe could not be trusted.

The panel talked about what else Mr McGuinness claims Mr Callinan said to him, without detailing what was supposedly said.

Readers may wish to note that, on RTÉ’s Six One on Wednesday, Fianna Fáil’s justice spokesman Jim O’Callaghan – who is also a member of the Oireachtas justice committee – told presenter Brian Dobson:

“I have confidence in here [Noirin O’Sullivan] and it’s not my part to be an investigator on this committee, this isn’t an investigative committee, there’s a judge who’s been put in place, Judge O’Neill, to inquire into the protected disclosures that were recently made, that is an investigative process and there will be a report produced at the end of that process and if that report is critical of individuals in high places whoever they are, I won’t be shy, nor will other members of Fianna Fail be shy about calling on those individuals to take responsibility. But what I’m not prepared to do, is just to call for somebody to resign in circumstances where allegations have been made against them but there’s no findings. In those circumstances, I do retain confidence in the commissioner.”

Further to this, from last night’s Tonight With Vincent Browne…

Vincent Browne: “Among the rumours that I’ve been hearing over the last while is that a senior Garda directed by an even more senior Garda sent text messages to other senior gardai and to members of the media, making horrendous allegations about a whistleblower and that a lot of these top echelons of An Garda Siochana were aware of this and may even have encouraged this. Now, it seems to me, if this is true and it isn’t the resignation of the Garda Commissioner that would be required but the resignation of an awful lot of people at a senior level. Have you heard this?

Michael Clifford: “It’s more than a rumour. I mean, a lot of what you said is in one of the protected disclosures but, as you said, Vincent, if it’s true, the issue is can it be proven? Can it be proven to a degree that it would for example, an official legal figure, whomever would be willing, would be satisfied enough…”

Browne: “It could be proved to be true or not to be true because the gardai have capacities to examine text messages, as we found out in the Elaine O’Hara murder trial, for instance, and they’d be able to look back at the text messages and see…”

Clifford: “If they wanted to…”

Browne: “But, sorry, there is available, the expertise, to look back at text messages…”

Gavan Reilly: “If the handset or SIM can be recovered which isn’t always necessarily a given.”

Browne: “What’s that?”

Reilly: “If the physical phone or the SIM card from which the text messages were sent is available to you – which may or may not be the case.”

Anne Marie McNally: “My understanding is that Keith Harrison is saying that he’s got evidence on his phone that will prove the allegations. But, if I’m reading it correct this evening, the judge that’s been appointed, according to the Commissioner’s testimony, he won’t actually have the power to examine phone records so I’m not sure if that extends to text messages but it would seem to be…”

Clifford: “He’ll be able to request it…”

Clare Daly: “Yeah.”

McNally: “He should be, yeah.”

Reilly: “That’s part of the problem of the inquiry that’s been asked of Iarlaith O’Neill, that because he’s existing in a very legal grey area, where it’s all very ill-defined where he’s not acting in a judicial capacity, he’s effectively acting as a kind of wise alderman but he has no powers of compellability or inquiry, as such, so all he can really do is ask people to cooperate and if they do, then he’s entitled to come up with an opinion, as eminent as it might be but that he’s ultimately flying blind. He doesn’t have the powers to demand anything of anybody. So, realistically, the scoping exercise…”

Browne: “So what’s the point?”

Daly: “Well that’s the question, isn’t it. And I mean obviously points have been made by the two…”

Browne: “You’re aware of what I’m talking about…”

Daly: “I’m absolutely aware of what you’re talking about…”

Browne: “My understanding is that when a senior garda person got a, got this text message, the reply was ‘perfect’ which would seem to imply that that person, that senior garda officer was aware of the plan to smear the reputation of the whistleblower in the most odious possible way that you could think of.”

Daly: “At the heart of the protected disclosures is precisely that, that there was an organised and orchestrated deliberate campaign, authorised at the top, including the current and the former commissioner to effectively do exactly what you’ve said – to demonise, to ostracize and put everybody off this whistleblower so that he would be a person that nobody would want to touch or listen to and I mean media people would have got that information, obviously a lot of guards, but politicians did aswell. And, you know, whatever about maybe…”

Browne: “Did politicians get them?

Daly: “Texts, part of the allegations that selected politicians were sent these messages also..”

Browne: “Really?”

Daly: “And given that message which…”

Browne: “Who were they?”

Daly: “Well, I don’t know, I know I definitely wasn’t one but it begs the question that even if, initially, some people believed it to be true, as I’m sure some people would, when it emerged around the O’Higgins Commission and the evidence that emerged in that, whereby the commissioner’s legal team had been instructed to undermine the credibility of Maurice McCabe and question his motivation and all of that came into the public domain, why wasn’t that the trigger for people to come forward? And say, ‘hang on a minute here, there’s a lot more to this than meets the eye. A huge problem now with the inquiry is that the present whistleblowers, the serving guards, who were live, who made protected disclosures, under Noirin O’Sullivan’s watch, they’re allegations of mistreatment and bullying are not being included in Iarlaith O’Neill’s terms of reference…”

Later

Clifford: “What would be very interesting in that inquiry is whether the chairman or the judge asks in somebody, for example, [Fianna Fail TD] John McGuinness, who may have something to say. And he’s nothing to hide himself whatsoever but he may have something to say in relation to his meeting with former [Garda] commissioner Martin Callinan and did anything transpire there that may be of any use to Mr O’Neill trying to get to the bottom of this issue.”

Browne: “I think many of us know what John McGuinness says he was told by Martin Callinan.”

Clifford: “He hasn’t publicly stated it himself, I suppose for good reason, but he hasn’t. But I’m sure…”

Browne: “It is truly shocking. It would really..absolutely shocking. I think if viewers knew what was said, what John McGuinness says was said, I think they would be appalled…”

Reilly: “To go back to the very last point though, what John McGuinness and his meeting with Martin Callinan in a car park somewhere on the Naas Road. John McGuinness revealed that, on the Dail record, he was in the chamber, when he was speaking under privilege but I think he’s repeated it outside the chamber since, that Martin Callinan told him Maurice McCabe was, quote, not to be trusted. Now if that, that in most people’s eyes I think would qualify as an attempt by the most senior garda in force…”

Browne: “Yeah, but if that’s all that was said, you might think, well, yeah, yeah, yeah, but if that was all that was said…”

Reilly: “Well is it tenable for the commissioner at the time to be intervening as he did to cast those kinds of aspirations on the character of Maurice McCabe as he was…”

Browne: “OK but if…”

Reilly: “And for his assistant deputy commissioner not to know?”

Browne: “If that was all was said, that Maurice McCabe wasn’t to be trusted, if that was all was said, you’d say, well, all right, it was, shouldn’t have done it and all that,  but my understanding is that very much more was said and of much more damning significance than that Maurice McCabe wasn’t to be trusted…”

Later

Browne: “If what we’ve heard is true, the damage that’s been done will be nothing to the damage that will be done.”

Watch back in full here

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https://www.youtube.com/watch?v=GqfXCZLxUuQ

 

Further to the O’Higgins’ Inquiry into Sgt Maurice McCabe’s allegations of malpractice…

Garda Commissioner Nóirín O’Sullivan is appearing before the Policing Authority at the King’s Inns, Dublin 7 NOW.

You may recall how, during the O’Higgins’ Commission of Investigation into Sgt McCabe’s allegations, Colm Smyth, SC, initially told Judge Kevin O’Higgins that, on behalf of Ms O’Sullivan, his instructions were to “challenge the integrity of Sgt McCabe and his motivation”.

This was based on a meeting in Mullingar between Sgt McCabe and two gardaí.

Several months later, on the day Commissioner O’Sullivan was due to give evidence – by which time Sgt McCabe had produced a transcript of his meeting in Mullingar with two gardaí – Mr Smyth told Judge O’Higgins: “The position now is that his motive is under attack, credibility is under attack from the Commissioner. But not his integrity.”

Watch Ms O’Sullivan’s appearance live in the video link above

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From top: Fianna Fáil’s John McGuinness in the Dáil yesterday; Garda Commissioner Nóirín O’Sullivan and Superintendant Noel Cunningham at the Association of Garda Superintendents conference last month; and the late Shane O’Farrell

Yesterday evening.

TDs continued to make statements on the report of the Justice O’Higgins Commission of Investigation into allegations of malpractice made by Sgt Maurice McCabe.

This is what Fianna Fáil TD John McGuinness said…

In the workings of the Committee of Public Accounts over the past five years, one of the most impressive witnesses who came before us and the only witness who came before us in private session was Sergeant Maurice McCabe.

Everything he said was supported by documentary evidence. Those who were concerned about how he might behave or what he might say during the course of that meeting of the Committee of Public Accounts were impressed afterwards by the fact that he presented well and proved anything he spoke and that the documents he presented to the committee showed us that there was, in my opinion, a lot of corruption within the force at that time.

A circular dated 4 July 2011 signed by the chief superintendent, C. M. Rooney, that went out to the Assistant Commissioners and district officers in the Cavan-Monaghan division, stated clearly that on 24 June 2011, Mr. Rooney had a meeting with Assistant Commissioner for national support services, Derek Byrne, at Monaghan Garda station.

It stated that the Assistant Commissioner informed Mr. Rooney that he had completed his investigation into complaints made by Sergeant Maurice McCabe and that the findings of the investigation were approved by the Garda Commissioner.

It stated that the investigation concluded that there was no systemic failure identified in the management and administration of Bailieborough Garda district.

It stated that a number of minor procedural issues were identified and that on further investigation at local level, no evidence was found to substantiate the alleged breach of procedure.

It stated that the assistant commissioner further concluded that there was no criminal conduct identified on the part of any member of the district force.

He stated that he would like to congratulate all members who served in Bailieborough district during the period in question and, in particular, Sergeant Gavigan, who provided leadership, enthusiasm and commitment and who partly steered the station through the crisis that had occurred.

It stated that the findings of the assistant commissioner vindicate the high standard and professionalism of the district force in Bailieborough and that he appreciated the manner in which the members of the district participating in the investigation were open and truthful in their account of the events surrounding the allegations.

It said he hoped all members and their families could put this difficult period behind them and continue to serve the public and their colleagues in an efficient and professional manner.

One has to take that letter into consideration when one reads the O’Higgins report because all of the cases mentioned by Garda McCabe, and which are mentioned in the O’Higgins report clearly contradict everything in that letter.

There is a serious conflict here; somebody is wrong. This letter was given to the assistant commissioner and each district officer in the Cavan-Monaghan division.

I gave an account of when Garda McCabe came before the Committee of Public Accounts. Every effort was made by those within the Garda Síochána at senior level to discredit Garda Maurice McCabe.

The Garda Commissioner confided in me in a car park on the Naas Road that Garda McCabe was not to be trusted and there were serious issues about him.

The vile stories that circulated about Garda McCabe, which were promoted by senior officers in the Garda, were absolutely appalling. Because they attempted to discredit him, he had to bring forward various pieces of strong evidence to protect his integrity.

During the course of that time, we have to recognise that the political establishment was of absolutely no help to him.

Every effort was made to ensure he would not appear before the Committee of Public Accounts. Every effort was made to dampen down the strong evidence he put into the public domain, which he had to do to protect himself, to inform us about what was going on with penalty points and other issues.

On 17 May, the Minister for Justice and Equality answered a parliamentary question on the death of Shane O’Farrell.

His mother, Lucia O’Farrell, has been campaigning since that time to have an investigation into it. The Minister relies on the review mechanism and the findings of that mechanism which she put in place.

At that time, the result of that review mechanism was that nothing further was to be done in Lucia O’Farrell’s case. Deputy Mick Wallace and others have already mentioned the name of officer Cunningham. In view of the findings and what is going on, will the Minister now reopen the case of the death of Shane O’Farrell?

Will she find out why a garda had stopped that car one hour before and asked the driver to change with the passenger because there was no tax or insurance?

The passenger then drove the car that later killed – murdered – Shane O’Farrell.

We have to reopen that case because everything in it tells us what is wrong with the Garda and the Department of Justice and Equality. We are part of a cover-up in this House if we do not clearly demand that the case be reinvestigated.

There are similar cases, such as the Fr. Molloy case and the Mary Boyle case. Why is it that the State has to stonewall each and every one of these cases?

Why is it we have to protect those who should not be protected? In whose interest is it or what is it in the interest of?

In the interests of justice, these cases have to be examined. The Minister cannot ignore this debate. She cannot ignore the facts around the officers involved in that station relative to the Shane O’Farrell case in particular.

We cannot ignore the activities of those officers who deliberately went about to set up and discredit Sergeant Maurice McCabe. They have to be independently investigated.

It has been said they are being referred to GSOC. I heard former Chief Superintendent John O’Brien this morning on the radio, who likened an investigation by GSOC to being mauled by a dead sheep. That is what he said and that is the view of the public.

For far too long in this House and in politics we have stuck to the same old politics.

In our actions, we have protected the system when that system was delivering an injustice to individuals and families throughout the country. There have been demands for the Minister and Commissioner to resign but the culture has to be changed.

That is essentially where the problem lies. We are afraid to attempt to change that culture because of the vested interests that exist. We say that we passed the legislation on protected disclosures and that now, at this late stage, the Commissioner will do something about it.

There are individuals across every Department who are affected by bullying and harassment. Their stories are being dampened down and they are being discriminated against and sanctioned for telling the truth.

The one thing this House seems to be afraid of is the truth. We are hearing the truth from Maurice McCabe. We have heard it from the whistleblowers in the Department of Finance and AIB and from the other whistleblowers in the Garda Síochána. We have done nothing about it.

I have heard at first hand a recent case which has been sorted by the Garda where a young garda was put into a situation and had to pee in a bottle rather than leave his station because he knew he was being set up.

Is that what we stand for in this House? Is that the injustice we will allow to happen?

Kicking this can down the road will not solve this problem. It will not give us the strength of the Garda that is needed to deal with the issues of crime on Dublin streets that we see at the moment.

I agree with Paul Williams who said gardaí were lions led by donkeys. He gave descriptions of all sorts of things that are happening in Dublin about which nothing is being done. The gardaí on the beat need to be supported.

Whatever it costs the State, we need to put money and resources behind them. We need to stop bluffing and stop the politically correct contributions we are making on all these issues and start to take real, imaginative and radical steps to ensure we have an independent authority that will protect the likes of Maurice McCabe.

I received an anonymous letter from an individual asking what was written on the note that was passed on the day of the Committee of Public Accounts from the current Commissioner to the former Commissioner, Martin Callinan, before he uttered the word “disgusting”.

The writer wonders if he was prompted or encouraged to do it. It has to be asked how much does the current Commissioner know and how far did the outgoing Commissioner go to discredit Maurice McCabe? It is an appalling vista as one looks at this issue.

The Minister and Members of the House have to give leadership. There must be political leadership.

My demand is that we reopen the cases before the commission, like that of Shane O’Farrell, Mary Boyle and the others, and face the truth.

We need to protect the whistleblowers that are currently being sanctioned and treated badly. It continued after the penalty points issue. Maurice McCabe highlighted that and we did nothing about it.

Transcript via Oireachtas.ie

Previously: Unsolved Ireland

Maurice McCabe And The Plastic Rat

Shoulder To Shoulder

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Last night in the Dáil, during the Adjournment Debate, Independents 4 Change TDs Clare Daly and Mick Wallace addressed Tánaiste and Justice Minister Frances Fitzgerald.

They were speaking about Garda Commissioner Nóirín O’Sullivan’s representation at the O’Higgins Commission of Investigation in respect of Sgt Maurice McCabe.

Ms Daly and Mr Wallace spoke in the Dáil before transcripts of Ms O’Sullivan’s legal counsel Colm Smyth SC speaking before Judge O’Higgins were revealed on RTÉ’s Prime Time last night.

The transcripts revealed that Mr Smyth initially told Mr O’Higgins: “My instructions are to challenge the integrity of Sgt McCabe and his motivation.”

The two men then had the following exchange:

O’Higgins: “…An attack on somebody’s credibility and his motivation or integrity is something that really doesn’t form part of this inquiry. It would be necessary for you to go further and say that the complaints and the actions of Sgt McCabe were motivated by… that is motivation was dishonest or wrong…In other words that he made these allegations not in good faith but because he was motivated by malice, by some such motive and that impinges on his integrity. If those are your instructions from the Commissioner, so be it.”

Smyth: “So be it. That is the position judge.”

O’Higgins: “Those are your…”

Smyth: “Yes. As the evidence will demonstrate judge…[later] this isn’t something I’m pulling out of the sky, judge, I mean I can only act on instructions.”

Later, in November – after Sgt McCabe produced a transcript of his meeting in Mullingar with two gardaí – Mr Smyth told Justice O’Higgins that, in fact, he, on behalf of Ms O’Sullivan, was not challenging Sgt McCabe’s integrity but just his credibility and motivation.

Mr Smyth said he erred earlier when he said ‘integrity’.

Further to this…

Clare Daly: “I listened to the Tánaiste during Leaders’ Questions with a mixture of disbelief and awe. Does she really believe that the questions about the conduct of the Garda Commissioner are going to go away? Does she really believe that, by saying that the Commissioner made it clear that she supported Maurice McCabe, it is the end of the matter?”

“What the Commissioner’s statement actually said was that she had never regarded Maurice McCabe as malicious. Fair play to her, that is very nice, but it is not the issue at hand. The issue in front of the public is that the Garda Commissioner’s legal team, allegedly on her instruction, attempted to mislead the commission deliberately by entering false information in order to challenge the motivation and credibility of Maurice McCabe.”

“The fact that legal counsel has stated that the attempt to challenge his integrity was its idea and not the Commissioner’s does not make any difference. It is reminiscent of the former Minister, Alan Shatter, throwing Oliver Connolly under the bus.”

“The commission was told that two senior gardaí would give direct evidence to the effect that Maurice McCabe was present at a meeting and stated that he operated under malice. It was only when irrefutable evidence was presented showing it to be false that the allegation was withdrawn.”

“If the Tánaiste does not have a problem with this, we are in even bigger trouble than I believed. There is an immediate crisis of trust and confidence in the Commissioner. Public statements uttered by her in support of whistleblowers have been contradicted by her actions behind the scenes.”

“The Tánaiste should not be surprised about that because we are not. Eighteen times since the Tánaiste became Minister, Deputy Wallace and I have tabled the issue of Commissioner O’Sullivan’s treatment of the whistleblowers Mr. Keith Harrison and Mr. Nick Kehoe.”

“The Tánaiste has done nothing. Will she launch a full investigation into the Commissioner’s actions in accordance with the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act, under which she can investigate and remove the Commissioner for actions that discredit her office?”

“Will she commission the Garda Síochána Ombudsman Office, GSOC, to launch an investigation? If not, why not?

I am reminded of a memorable contribution by Deputy Wallace in the Dáil when he told the former Minister that it was time for the latter to go and to take the then Commissioner with him. It is obvious that it is time for the current Commissioner to go. Unless the Tánaiste acts, the Commissioner will take her with her.”

Mick Wallace: “If Maurice McCabe had not made a recording, the judge would have been compelled to believe the two officers and Maurice McCabe would have been destroyed. This development was not even mentioned in the O’Higgins report. Surely, that undermines the report’s integrity.”

“We still do not know whether Ms Nóirín O’Sullivan’s legal team, under her direction, handed documents to the commission that contained a false statement. That is supposedly a criminal offence. This is a serious matter.”

“I find it difficult to believe that, when there is so much discussion about doing things differently in all aspects of politics, Fianna Fáil does not want to know about this situation. It just wants the issue to go away as well. This is shocking.”

“What the Commissioner says in public is different to what is happening on the ground. Keith Harrison and Nick Kehoe have been treated abysmally for two years. Both are out sick now. One gets less than €300 per week and the other gets nothing. Every effort has been made to hound them out of their jobs.”

“It is two years since Mr. Harrison tried to get a proper hearing and he has only had one proper meeting with GSOC. GSOC requested Mr. Kehoe’s file after a poor internal Garda investigation. The Garda was given 30 days to deliver it but still has not done so.”

“Ms Nóirín O’Sullivan asserts that dissent is not disloyalty, but that is not true. Now it is being claimed that the question of integrity was not raised and the senior counsel is being thrown under the bus or is taking one for the team.”

“The Commissioner is not even rowing back on how she questioned Maurice McCabe’s motivation. She has not rowed back on the fact that she was questioning his character. Who in God’s name would be a whistleblower? She is not fit to be the Commissioner.”

“Nothing has changed. It is as it was. We will not improve or change how we do policing in Ireland until we change the hierarchy and start from scratch.”

Transcript via Oireachtas.ie