Courts / Ireland / Report

O'Sullivan did not contribute to legal instructions to challenge McCabe, witness tells Tribunal

Date
2018-01-18
Stage
Hearing Or Decision

Summary

During the Charleton Tribunal, a Garda witness testified that former Commissioner Noirin O'Sullivan did not contribute to a draft document that outlined legal instructions to challenge whistleblower Sergeant Maurice McCabe's motivation. The draft, produced in May 2015, incorrectly alleged that McCabe had told Superintendent Noel Cunningham in August 2008 that his complaints were aimed at forcing a senior officer to release the Director of Public Prosecutions' (DPP) directions in a sexual‑assault case. McCabe later revealed an audio recording of the meeting, proving the alleged admission never occurred. The recording and a subsequent report prepared by Superintendent Cunningham, sent to Chief Superintendent Colm Rooney, confirmed McCabe's account. The tribunal examined whether false allegations of sexual abuse or other unjustified grounds were inappropriately relied upon by Commissioner O'Sullivan to discredit McCabe at the O'Higgins Commission of Investigation. The witness clarified that the Commissioner's legal team was involved in drafting the document, but the Commissioner herself was not.

Who, what, where, when and why

What: Report matter: O'Sullivan did not contribute to legal instructions to challenge McCabe, witness tells Tribunal. Procedural stage: hearing_or_decision

When:

Case subjects

Miss D

Defendant

Outcome: The Commission adjourned, during which time Chief Supt Healy spoke with the Commissioner O'Sullivan to confirm the legal instructions.

Topics

Sexual Offences Stage Hearing Or Decision Violent Crime

Read the original CNI report

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