Courts / Ireland / Report
Draft letter written by Justice department official, tribunal hears
2018-01-12
Trial
Summary
In January 2018 the Charleton tribunal heard that a draft letter from the Garda Commissioner to the Department of Justice, concerning the legal strategy for the O'Higgins inquiry, was written by Department official Ken O'Leary in May 2016. The letter explained why legal instructions and advice could not be published to preserve lawyer‑client confidentiality. The inquiry, chaired by Judge Kevin O'Higgins, examined allegations of Garda malpractice made by whistleblower Sergeant Maurice McCabe. Justice Peter Charleton described the exercise as "somewhat empty" because the Department would send a letter to itself. Former Justice Secretary General Noel Waters testified that there was extensive back‑and‑forth drafting letters to the Department, and that concerns existed about setting a precedent that might breach legal privilege. Waters also noted that the Commissioner had prepared a draft statement for Justice Minister Frances Fitzgerald to use in the Dáil, including the legal advice received about Sgt McCabe.
Who, what, where, when and why
What: Report matter: Draft letter written by Justice department official, tribunal hears. Procedural stage: trial
When:
- May 2016 Other
- 2018-01-12 Publication
Topics
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