Fair enough.
Fair enough.
Tag Archives: Maurice McCabe
Garda whistleblower Sgt Maurice McCabe on duty in Mullingar, Co. Westmeath, when he met Enda Kenny while the Taoiseach was canvassing in the town in May
In yesterday’s Sunday Times, Gemma O’Doherty reported how garda whistleblower Sgt Maurice McCabe has claimed that certain gardaí are continuing to cancel penalty points for colleagues, friends and relations, despite assurances from Garda management that the practice no longer takes place, particularly since the new regulations were introduced in June.
Sgt McCabe has made an official report on the matter, while the interim commissioner Noirín O’Sullivan forwarded the allegations to Justice Minister Frances Fitzgerald who has, in turn, sent them to the Garda Síochána Ombudsman Commission for investigation.
Further to Ms O’Doherty’s report, RTÉ’s This Week reported yesterday that:
It is understood that the new dossier of claims includes: off-duty gardaí caught driving their own private vehicles who subsequently had points cancelled on the basis they were driving “emergency vehicles”.
In one case, in the past two months, this included a garda driving a 15-year-old car who had points cancelled on the basis he was driving an emergency response vehicle.
A significant number of the cases relate to penalty points which were cancelled after no address for the driver could be found.
Among these cases there were serving gardaí whose addresses are readily available to gardaí, it is alleged.
In Ms O’Doherty’s report, Fianna Fáil’s John McGuinness – who is also chairman of the Public Accounts Committee – said he had concerns for Sgt McCabe, in light of the fresh allegations, saying:
“I am deeply concerned that Maurice will be targeted again. We need a guarantee that he will not be punished again in any way for trying to do his job and helping to improve our police force.”
And well he might be concerned.
Lest we forget.
Among other things, Sgt McCabe was…
– Transferred from Cavan to Mullingar after he made allegations of malpractice in the Cavan/Monaghan division in 2008, including claims that gardaí in Cavan didn’t carry out proper investigations into incidents including physical assaults, sexual assaults and false imprisonment.
– Allegedly assaulted and falsely imprisoned by then Assistant Commissioner Derek Byrne in the Hillgrove Hotel in Co. Monaghan on October 11, 2010, after Sgt McCabe revealed he had removed hundreds of files from Pulse which showed gardaí had falsely claimed that certain people were involved in criminality.
– Investigated by gardaí in Baileboro Garda Station in Cavan after it emerged that a hard drive seized from a Fr Michael Molloy – who was later convicted of child abuse and child pornography – had vanished. An attempt was made to blame the disappearance of the hard drive on Sgt McCabe. A disciplinary process continued for 18 months before Sgt McCabe was cleared of any wrongdoing.
– Was told, in February 2012, by the then Garda Confidential Recipient Oliver Connolly that no further action would be taken on his (Sgt McCabe’s) complaints. Mr Connolly also warned Sgt McCabe: ‘I’ll tell you something Maurice – and this is just personal advice to you – if Shatter thinks you’re screwing him, you’re finished.’ Mr Connolly advised Sgt McCabe to avoid going to the media and to go through the courts system.
– Was almost blocked from giving evidence to the Pubic Accounts Committee in January – about the quashing of penalty points – when former Garda Commissioner Callinan consulted the Attorney General Maire Whelan’s office about preventing Sgt McCabe from going before PAC.
– Was wrongly blamed by Garda colleagues for releasing Jerry McGrath from custody before McGrath went on to kill Sylvia Roche Kelly.
– Was forced to write to the Ceann Comhaire Sean Barrett to ask former Justice Minister Alan Shatter to correct the Dáil record over Mr Shatter’s comments that Sgt McCabe and former Garda John Wilson didn’t cooperate with Assistant John O’Mahony’s penalty points inquiry.
– Was forced to contact interim Garda Commissioner Noirín O’Sullivan in May after she told the Committee on Justice, Defence and Equality that: “Senior Garda management are very supportive of Sgt McCabe and certainly are in contact with him on a daily basis” as this was untrue.
– Was tasked with drawing up a road safety plan in the Midlands in May but important information – including a Road Safety Authority report critical of a Garda proposal on the road safety plan – was deliberately withheld from him.
– Only got his access to PULSE restored in May after being prohibited from using it, for 18 months.
Separately, readers may also wish to recall how former garda whistleblower John Wilson only received his ‘certificate of service’ after a recent story appeared in The Sunday Times (by Gemma O’Doherty) which outlined how he had been waiting 15 months for the cert – which he needed to apply for work elsewhere. During a High Court case against the gardaí in May, Mr Wilson was offered an exemplary certificate of service on the condition he withdrew his action, but he refused to do so.
Points abuse is still rife, says garda sergeant whistleblower McCabe (Gemma O’Doherty, Sunday Times)
New penalty points allegations referred to Garda Ombudsman (RTÉ)
Previously: The Thin Blue Timeline [Updated]
UPDATE: Sgt Maurice McCabe will meet with senior gardaí today to discuss his new allegations.
Senior gardaí to hold talks over new allegations of penalty point corruption (RTÉ)
RTÉ’s This Week is reporting that Garda whistleblower Sgt Maurice McCabe has made a formal complaint of bullying against two gardaí to Gda Supt Pat McMenamin in recent weeks. A formal investigation is now under way.
RTÉ reports:
It is understood that Sgt McCabe has alleged that two named gardaí had attempted to discredit him and undermine him professionally over a period of time, when discussing his role as a whistleblower with other members of the force.
Whistleblower Sgt Maurice McCabe makes formal complaint over bullying (RTÉ)
Related: Whistle blower harassed by fellow gardaí (Mick Clifford, Irish Examiner)
[Garda whistleblower Sgt Maurice McCabe]
Philip Ryan, of the Irish Independent, reports this morning that the former CEO of the Road Safety Authority Noel Brett, and AA Roadwatch director of consumer affairs, Conor Faughnan were questioned by gardaí in relation to their dealings with Garda whistleblower Sgt Maurice McCabe last summer, after it emerged that they had been in contact with Sgt McCabe.
The investigation was launched after the former head of the Garda Traffic Corps, Eddie Rock – who is also a member of the RSA board – claimed his data protection rights had been breached.
It’s understood Sgt McCabe contacted Mr Faughnan to raise his concerns about the penalty points system and Mr Faughan put Sgt McCabe in contact with Mr Brett. Mr Brett sent on a dossier of Sgt McCabe’s complaints to the Garda Síochána Ombudsman Commission (GSOC) and the Comptroller and Auditor General, and he also contacted the Department of Transport.
Mr Ryan reports:
“The two well-known public figures were not questioned as suspects but rather to establish if they had been given confidential private information from the whistleblower.
…
“The Irish Independent understands that gardai arranged to meet Mr Faughnan in his office, where he made a full statement on his involvement with Sgt McCabe. Gardai asked Mr Faughnan if private data had been “disseminated illegally” by a member of the force. He told gardai he met Sgt McCabe but insisted that he was not given or shown any personal information which could be perceived to be a breach of data-protection rules, according to a source. It is understood that Sgt McCabe’s name was not mentioned during the interview because his identity was unknown at the time.”
Road safety pair quizzed by gardai over McCabe meetings (Philip Ryan, Irish Independent)
Laura Hutton/Photocall Ireland
[Former Garda John Wilson on TV3’s Tonight With Vincent Browne last night]
“I just want to say, in relation to Sgt [Maurice] McCabe that I believe that Commissioner [Martin] Callinan should be proud to have a member of the calibre of Maurice McCabe as a member of our police service and I am demanding now, in the public interest, on behalf of the Irish people, that Commissioner Callinan restores Sgt McCabe’s full access to the Garda PULSE system with immediate effect. And I am making that demand in the public interest.”
Former garda John Wilson on the Tonight with Vincent Browne Show last night.
Garda whistleblower Sgt Maurice McCabe has been banned from using PULSE since mid-December 2012.
Watch back in full here
Previously: The Thin Blue Timeline
A demonstration in support of Garda whistleblowers John Wilson and Maurice McCabe outside Mullingar Garda station, College Street, Mullingar, Co Westmeath this evening.
Via Ciaran Mullooly
[From top: Mullingar Garda Station and Garda whistleblower Sgt Maurice McCabe]
A rally of support for Garda whistleblower Sergeant Maurice McCabe will be held outside Mullingar Garda Station, College Street, Mullingar, Co Westmeath, next Thursday at 6.30pm. organised by the group Justice 4 All.
Previously: Over To You, Oliver
Pics: RTÉ and Photocall Ireland
A Rebuttal
at
[Justice Minister Alan Shatter]
In his speech this morning Justice Minister Alan Shatter referred to allegations made against him by Fianna Fail leader Micheal Martin.
Firstly, that he had done nothing about very serious claims against the Gardai.
And secondly, that he had not responded to correspondence from Sergeant Maurice McCabe.
Mr Shatter stated that he intended to demonstrate to the House that none of those charges were true.
GK writes:
Minister Shatter this morning detailed the history of the complaints made by Sergeant McCabe, which he stated were brought to his attention on the 23rd January 2012, when he received a report from the Garda Confidential Recipient, Oliver Connolly.
He described the contents of the report received by him as including “12 allegations against a named Superintendent … a complaint against the Assistant Commissioner… and a complaint against the Garda Commissioner for permitting the named Superintended to be on a panel for promotion to Chief Superintendent in circumstances where the Garda Commissioner knew, or ought to have known of, the alleged wrongdoing of the Superintendent… not only were there allegations of malpractice, but also of corruption in that Gardai were generally accused of engaging in falsifying records, erasing officials records, erasing reported incidents, destroying and altering official records, covering up serious investigations and ‘gross dereliction of duty on a massive scale.”
Minister Shatter then stated that “reports from the Confidential Recipient are only forwarded to me where an allegation is made against the Commissioner.” This is correct and is provided for in Section 7(2) of SI No 168/2007 Garda Siochana (Confidential Reporting of Corruption or Malpractice) Regulations 2007.
However what Mr Shatter failed to mention is that such reports are forwarded to the Minister for a specific purpose, which he failed to fulfil.
Section 8(2) of the same Regulations states that, on receipt of a report containing an allegation against the Garda Commissioner, the Minister, unless he or she has reason to believe that the allegation contained in it was not made in good faith or is false, frivolous or vexatious, shall cause the allegation to be investigated or take such other action as he or she considers appropriate in the circumstances”
What action did Mr Shatter take?
In his speech – without referencing his obligation under Section 8(2) – he states that he “took the letter so seriously that on 24th January, the following day, my Secretary General, at my request, wrote to the Garda Commissioner seeking an urgent report.”
This statement implies that Mr Shatter had a choice as to whether or not to deal with the report. He did not.
His legal obligation to consider reports about the Garda Commissioner – the person normally appointed to investigate complaints – is a key part of the Regulations.
By no stretch of the imagination could it be said that Mr Shatter caused the allegations against the Garda Commissioner in the report to be investigated.
On receiving a detailed response from the Garda Commissioner on the 30th January 2012, Mr Shatter wrote to the Confidential Recipient and informed him of this response.
It appears that it was the communication of this fact to the Confidential Recipient that led to the conversation between Mr McCabe and Mr Connolly [transcript here] , and it is against this backdrop that the conversation should be assessed.
Mr Shatter in his speech does not make any reference to doing anything further.
Writing to a person against whom a complaint is made, and reading their response, is not ‘causing a complaint to be investigated’ within the meaning of Section 8(2) of the Regulations.
It is not even a proper investigation of a complaint.
The only way in which Mr Shatter could be said to have complied with his duty is if he had reason to believe that the allegations contained in Mr McCabe’s report were not made in good faith or were false, frivolous or vexatious.
Did Mr Shatter believe that these allegations were not made in good faith or were false, frivolous or vexatious? He does not say so in his speech.
Earlier in his speech, Mr Shatter says:- “What is crucial is that the evidence for allegations made is carefully and properly examined.”
Mr Shatter’s belief in this principle, and in something else he refers to in his speech ‘the rule of law’ is contradicted by the fact that he – on the facts put forward in the speech – apparently failed to fulfil his duty under Section 8(2) in respect of the report submitted to him on the 23rd January 2012.
The frustration felt by Mr McCabe in relation to this is evident in the transcript [here], in which he states:-
“Sure it’s a joke really Oliver, when you see it. Like the Minister should go to someone independent to look at it… he is believing the Commissioner and not me. So, it’s a joke, isn’t it really.”
If Mr Shatter made a decision, in January 2012, not to cause the investigation of the report submitted to him by the Confidential Informant because he found that the allegations in it were not made in good faith, or were false frivolous or vexatious, he should state this.
So far he has not done so, and this begs the question – is the Minister aware of his duty under Section 8(2)? And, if so, why has he apparently not complied with it?
And, if Mr Shatter in fact found that the allegations were not made in good faith, or were false, frivolous or vexatious, this finding must have been solely based on the response of the Garda Commissioner – the person complained about.
Mr Shatter is correct that there are flaws in the administration of the regulations. But could it be that the flaws lie in the way in which they are being applied by him, rather than the regulations themselves?
In his speech, Mr Shatter retains the position that Mr McCabe refused to cooperate with the investigation carried out by Assistant Commissioner O’Mahoney into the penalty points issue.
In justification of his continuing refusal to apologise to Mr McCabe, he cites the following examples of non-co-operation.
Firstly, a conversation between Mr McCabe and Chief Superintendent Mark Curran, and already discussed on Prime Time, which consisted of a direction that Mr McCabe desist from accessing Pulse and disclosing its data to third parties, ending with a statement that Mr McCabe he had any concerns he could take this up with Assistant Commissioner O’Mahoney.
Secondly, a letter sent from an official of the Department of Justice which states that any further information held by Mr McCabe should be brought by him to the attention of his authorities within the force.
Neither of these statements can reasonably be characterised as a formal or indeed an informal request to participate in the investigation carried out by Assistant Commissioner O’Mahoney.
Their ex post facto characterisation as such is not only wilfully disingenuous , but contradicts the professed concern for whistleblowers loudly expressed by Mr Shatter earlier in his speech.
Thirdly, and most insultingly to Mr McCabe – and indeed to the intelligence of anyone watching – Mr Shatter cites as non-co-operation by Mr McCabe his failure to comply with an invitation by Assistant Commissioner O’Mahoney to meet – after the report was finalised and before it was published.
If Assistant Commissioner O’Mahony could invite Mr McCabe to meet with him after the report was finalised – why not earlier?
The insistence by Mr Shatter that Mr McCabe was uncooperative is completely belied by the many examples he gives, earlier in his speech, of Mr McCabe’s persistence and dedication in seeking to pursue his complaints. These are examples of a man doing everything he can to ensure that he is heard.
The same voice requesting to be heard is to be found in the transcript of the conversation between Mr McCabe and Mr Connolly,
Mr Shatter’s speech contains not only half-truths, and disingenuity, but a glaring omission. He fails to deal with the contents of this transcript, and the precise reason for sacking Mr Connolly following its publication.
Charlie Flanagan, on behalf of Fine Gael, has stated on the radio that Mr Connolly was sacked because he made statements that were defamatory of Mr Shatter. A defamatory statement, according to the Defamation Act, is one which injures a person’s reputation in the eyes of reasonable members of society. Mr Connolly’s statements about Mr Shatter certainly do that.
If the allegations made by Mr Connolly are serious enough to justify his sacking, they are serious enough for Mr Shatter – our Minister for Justice – to answer. He appears to think that he does not need to do so.
Earlier: “Life Is Complicated…”
On Prime Time last night RTÉ’s David McCullagh held a debate with Fine Gael TD Charlie Flanagan and Fianna Fáil TD Niall Collins in light of Taoiseach Enda Kenny’s announcement yesterday that he has appointed Sean Guerin, SC, to look into Sgt Maurice McCabe’s dossier which alleges Garda mishandling of a number of serious crimes.
They also discussed the so-called directive that Garda Commissioner Martin Callinan sent to former Garda John Wilson and Sgt Maurice McCabe separately on December 14, 2012. The ‘directive’ was delivered verbally to the two gardaí. Mr Wilson said last night that the superintendent that gave him the message told Mr Wilson that he was under instructions from Commissioner Callinan not to furnish Mr Wilson with a written copy of the directive.
Commissioner Callinan maintains this directive called on both men to co-operate with the penalty points inquiry, led by Assistant Commissioner John O’Mahoney.
But Sgt McCabe released a statement on Monday night saying the Commissioner’s claims were ‘gravely misleading and false’ while last night Mr Wilson said he believed the directive was the equivalent of a ‘gagging order’.
Sgt McCabe taped the conversation during which his directive was delivered, while in the case of Mr Wilson, he took notes. Mr Wilson’s notes – in so far as the message that was read out to him – match what was read out to Sgt McCabe, in Sgt McCabe’s transcript.
The directive was issued just a few days after Mr Wilson was found printing off records from the PULSE system in Cavan and days after several high-profile people were named in the Dáil as having had penalty points quashed.
On this specific matter, RTE’s David McCullagh took issue with Charlie Flanagan.
David McCullagh: “I want to ask you a question. Gerry Adams made the point in the Dáil during those exchanges that the Taoiseach was given that dossier less than a week ago and now we have an independent barrister appointed to look into it to see if there’s anything to investigate there, as you say, the Taoiseach has moved fast. Alan Shatter was given this two years ago.”
Charlie Flanagan: “There are two charges levelled on a continuous basis by Niall Collins and Fianna Fáil against Alan Shatter and they are as follows. Firstly, that he was given documentation two years ago, which he sat on. Not true. We will see tomorrow and we’ve already evidence that Alan Shatter acted on documentation that was before him: some of these issues and allegations have already been the subject of an examination by the GSOC office. In fact, in fact…”
McCullagh: “Then why has Mr Guerin been appointed?”
Flanagan: “In fact, David, in some cases, in some cases, charges have been brought, due process has taken place in the courts, and people have been convicted, that’s exactly as it should be through the criminal law. The second charge against Alan Shatter is that in some way he misled the Dáil by saying that Sgt McCabe, a central figure, did not cooperate with the investigation. I say, having read the documentation now published and having regard to what Sgt McCabe, an honourable man, said last night, I believe there are failures on both sides. I find it inexplicable that an investigation could take place at the behest of the gardaí, under Assistant Commissioner O’Mahoney without Sgt McCabe, a central figure being involved. How is it? How is it the investigation took place?..”
McCullagh: “Well that’s a very good question.”
Talk over each other
McCullagh: “How is it that Alan Shatter didn’t seem in the least bit concerned about it?”
Flanagan: “No, I believe that this, that this issue is, has been the subject of a review of papers in Alan Shatter’s office over the last and I believe we’ll know this tomorrow. The second issue is, as far as Sgt McCabe is concerned, there are reports that he was asked on more than one occasion…”
McCullagh: “What reports?”
Flanagan: “..that his issues would be…letters from the Department of Justice directly to him and the content of the transcript of the tape last night.”
McCullagh: “Hold on, hold on, hold on, hold on, hold on. Hold on, hold on, hold on, hold on.”
Flanagan: “It seems to me inexplicable that Sgt McCabe didn’t know that there was an investigation under way.”
McCullagh: “Hold on. The thing last night is quite clear. What he was told: ‘The Commissioner is now directing you to stop accessing PULSE and he disputes whether he was doing that and, anyway..’And if you have any concerns they can be brought to the attention of the Assistant Commissioner’. How is that a direction?”
Flanagan: “Yes, well, I find it inexplicable that Sgt McCabe wasn’t aware of the fact that an investigation was taking place.”
McCullagh: “But the Commissioner and the Minister said that he was directed to cooperate with the inquiry, now is that a direction?”
Flanagan: “Well, I believe that there is more to the story than we’ve seen and I look forward to the minister making that statement tomorrow in the Dáil.”
McCullagh: “The Commissioner said that on that date…”
Flanagan: “And standing over what the minister has said, under Dáil privilege.”
McCullagh: “The Commissioner said that on that date that Sgt McCabe was directed to cooperate with the inquiry and quite clearly if that, if that transcription is correct, he quite clearly wasn’t.”
Flanagan: “Listen the fact of the matter here is that Sgt McCabe knew that an investigation of some form was taking place because he was given more information than was actually contained in the transcript.”
McCullagh: “And did he have the Assistant Commissioner’s phone number in his, in his iPhone.”
Flanagan: “Listen, I’m not in a position to answer as to whether Sgt McCabe had people’s phone numbers on his person. What I am saying, David, and you know this is a complex and serious issue, what I’m saying is there were failures on both sides. How an investigation could take place over a period of months, the central figure wasn’t involved and happened to ring up wondering what the story was when the whole thing was finished.”
McCullagh: “What was Minister Shatter’s failure then? Well, Niall Collins is the one who..”
Niall Collins: “No you just said there’s failures on both sides, Charlie, I mean you’re being entirely inconsistent here.”
Talk over each other.
Collins: “Is it good enough that the Minister for Justice will come in to Dáil Éireann under privilege and seek to completely discredit the character of Maurice McCabe.”
Flanagan: “No I don’t accept that will happen.”
Collins: “You have testified on numerous occasions that Maurice McCabe is very credible so has Pat Rabbitte, so has members of the PAC [Public Accounts Committee]. Anybody that has met Maurice McCabe is happy that he is credible in terms of what he is saying. Yet the minister choose to come into the Dáil and seek to assassinate his character.”
Talk over each other.
McCullagh: “Let Charlie answer that.”
Flanagan: “I think that is the kind of hyperbole that is actually damaging to the process.”
McCullagh: “Well hold on a second.”
Talk over each other.
Flanagan: “What Minister Shatter said under Dáil privilege was that it was his view that Sgt McCabe did not cooperate with the investigation.”
McCullagh: “But how could he cooperate when he wasn’t asked?”
Flanagan: “Well, you know, that’s a moot question and it’s not perfectly clear that he wasn’t asked. And I looked at the evidence of the Garda Commissioner and the evidence of the Department of Justice as far as that’s concerned.”
McCullagh: “Ok, well just in relation to the revelation last night, you know, you, some people say that’s a direction – I don’t see how anybody who understands the use of the English language could think that was a direction but anyway that’s beside the point. Why was it delivered verbally and not in written form? Why, if he did disobey a direction, was he not disciplined for it, and why on earth did the Assistant Commissioner not pick up the phone and ring him?”
Flanagan: “These are questions that are better put to the Garda Commissioner and the Assistant Commissioner. I would have thought that the Assistant Commissioner might have made a call to him over the course of weeks before the investigation got under way and in fact when the investigation was under way, having regard for the fact that Sgt McCabe was at all times a central figure.”
Watch back in full here.
Transcript of conversation between Maurice McCabe and Mark Curran (Irish Examiner)
Related: GSOC Saga: Uncovering truth amidst confusion (Mick Clifford, Irish Examiner)
[A letter dated December 17, 2012 from the assistant secretary at the Department of Justice to Garda whistleblower Sergeant Maurice McCabe cc-ed to Enda Kenny and Leo Varadkar]
Stick that up your junta.
UPDATE:
On Drivetime, presenter Mary Wilson played a clip from an interview RTÉ’s Teresa Mannion had with Enda Kenny in Castlebar, Co. Mayo, earlier today.
Enda Kenny: “I’ve received information in the last two days which contains grave allegations, as I’ve said. Now I have to take time to read and examine that properly. I responded to Deputy Micheal Martin yesterday for his having presented me with this documentation. And I’ve asked if there’s any further information that he has, or documentation, because it appears as if it’s incomplete.”
Teresa Mannion: “And Taoiseach, this was the first time you laid eyes on this sort of information?”
Kenny: “That documentation was presented to me on Wednesday night. And, as I said publically, there are serious allegations in there. We need to follow up properly, carefully and in a considerate fashion.”
Mannion: “But the Justice Minister had this information for two years and nothing was done with it.”
Kenny: “The minister has ordered a review now of all of the correspondence between his department and the whistleblower – the minister will deal with that.”